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Judicial Dept.

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.

3) What power is given to courts?


-the courts are given judicial powers and nothing more
-hence, by the principle of separation of powers, courts may neither attempt to assume nor be compelled
to perform non-judicial functions.
-courts cannot be required to act as board arbitrators
-it cannot be charged of administrative functions except when reasonably incidental to the fulfillment of
judicial duties.

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.

CASE: Channie Tan v. Republic (107 PHIL 632)

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

6) How many votes are required to decide a case en banc? In division?


-in en banc (the concurrence of the majority of the members who actually took part in the deliberations
on the issues in the case and voted thereon. Since a quorum of SC is 8, vote of atleast 5 is needed)
-in division ( shall be decided and resolved in the concurrence of majority of members who actually took
part in deliberations on the issues of the cases and in no case, the concurrence of atleast 3 of such
members, if the required number is not obtained, the case shall be decided en banc)
7) How many votes are needed to decide a case in division?
--in division ( shall be decided and resolved in the concurrence of majority of members who actually took
part in deliberations on the issues of the cases and in no case, the concurrence of atleast 3 of such
members, if the required number is not obtained, the case shall be decided en banc)

8) Are decisions of the division appealable en banc?


-no. the decisions or resolutions of division of court, when concurred in by majority of its members who
actually took part in the deliberations on the issues in the case and voted thereon is a decision/resolution
of the SC itself.
-the SC sitting en banc is not an appellate court and exercises no appellate jurisdiction
Sections 5 and 6:
1) What is the power of judicial review?
-it is the power of the court to declare a law, treaty, international or executive agreement, PD,
proclamation or order,instruction, ordinance or regulation unconstitutional.
2) What are the essential requisites for the exercise of the power of judicial review?
a.) there must be before an actual case calling for the exercise of judicial power.
b.) the person challenging the act must have standing to challenege must have had an adverse effect on
the person challenging it
3) What is the effect of the declaration of unconstitutionality of a statute?
-that the SC had rejected the view that an unconstitutional act confers no rights, imposes no duties, and
affords no protection whatsoever.
-the court had adopted the view that before an act is declared unconstitutional it is an operative fact which
can be the source of rights and duties.
-the recognition of unconstitutional statute is an operative fact before it is declared unconstitutional was
recently applied., where the period before a moratorium law was declared unconstitutional was not
allowed to toll the prescriptive of the right to forclose a mortgaged.
4) It is an established rule that courts have no jurisdiction to pass upon “political questions”. What are
political questions?
-questions which under the constitution are to be decided by the people in their sovereign capacity or in
regard to which, full discretionary authority has been delegated in legislative or executive branch of
government.
5) What are the auxillary administrative powers of the SC?
a.) assign temporarily judges of lower court to other stations as public interest may require.
b.) Order a change of venue or place of trial to avoid a miscarriage of justice.
c.) 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. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
d.) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law
e.) The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
f.) The Members of the Supreme Court and judges of lower courts shall hold office during good behavior
until they reached the age of seventy years or become incapacitated to discharge the duties of their office.
The Supreme Court 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
in the case and voted thereon.
6) May the Ombudsman investigate irregularities in the performance of a judge independently of any
administrative action taken by the SC?
-No. the power of administrative supervision of the SC includes the power to discipline judges of lower
courts or order their dismissal by a vote of a majority or its members who actually took part in the
deliberations on the issues in the case and voted thereon is a decision/resolution of the SC itself.
-the exclusivity of this power is a jealousy guided by the court
-the ombudsman cannot determine for itself and by itself whether a criminal complaint against a judge or
court employee involves an administrative matter.

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

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