SUPREME COURT’S

DECISION MAKING
PROCESS
Ll.B. 1-F
 1 Decision Making Process Flowchart

2 When A Case Is Deemed Submitted

3 Cases To Be Decided En Banc

OUTLINE 4 Cases Heard by Division

5 Decisions by The Supreme Court

a. Content of The Decision

6 Certification Of Period’s Expiration

7 Explanation For Failure To

Render Decision Or Resolution
1 Decision Making
Process Flowchart
 SUPREME
COURT

ORIGINAL APPELLATE
JURISDICTION JURISDICTION
(Section 5 (1)) (Section 5 (2))

Cases must be
decided or resolved
within 24 months
from submission.
(Section 15 (1))
2 When a Case is Deemed Submitted

A case or matter shall be deemed submitted for

decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
 SUPREME
COURT

ORIGINAL APPELLATE
JURISDICTION JURISDICTION
(Section 5 (1)) (Section 5 (2))

Cases must be
decided or resolved
within 24 months
from submission.
(Section 15 (1))

En Banc Division
(Section 4(2)) (Section 4(3))
3 Cases To Be Decided En Banc

1. All cases involving the constitutionality of : (LIT)

a) Law
b) International or executive agreement
c) Treaty
3 Cases To Be Decided En Banc

2. All cases involving the constitutionality, application

or operation of: (POPORI)

a) Presidential decrees
b) Orders
c) Proclamations
d) Ordinances
e) Other Regulations
f) Instructions
3 Cases To Be Decided En Banc

3. All cases required to be heard en banc under the Rules of Court

4. Appeals from Sandiganbayan and from the Constitutional
Commissions
5. Cases heard by a division where required majority of 3 was not
obtained
6. Cases where SC modifies or reverses a doctrine of principle of
law laid down by the SC en banc or by a division
7. Administrative cases to discipline or dismiss judges of lower
courts
8. Election contests for President and Vice-President
3 Cases To Be Decided En Banc

Note: Cases heard en banc shall be decided with the

concurrence of a majority of the members who
actually took part in the deliberations on the issues in
the case and vote thereon.
 SUPREME
COURT

ORIGINAL APPELLATE
JURISDICTION JURISDICTION
(Section 5 (1)) (Section 5 (2))

Cases must be
decided or resolved
within 24 months
from submission.
(Section 15 (1))

En Banc Division
(Section 4(2)) (Section 4(3))
4 Cases Heard by Division

1. Decided with the concurrence of a majority of

the members who took part in the
deliberations and voted therein

2. Majority vote in a division should be at least 3

members
5 Decisions by The Supreme Court (Sec. 13)

1. Reached in consultation before being assigned to a

member for the writing of the court’s 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 reason thereof.
5a. Content of Supreme Court Decision

1. Decisions by any court must clearly and distinctly

express the facts and the law on which it is
based.
2. The court shall state the legal basis in refusing
due course or denying petition for review or
motion for reconsideration.
6 Certification of Period’s Expiration (Sec. 15 (3))

• Upon the expiration of the 24-month period, a certification

to this effect signed by the Chief Justice of the presiding
judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served
upon the parties.

• The certification shall state why a decision or resolution

has not been rendered or issued within said period.
 Explanation for Failure To Render
5 Decision or Resolution

Despite the expiration of the applicable mandatory

period, the court, without prejudice to such
responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereof for determination,
without further delay.
THANK YOU.