Article Viii V 2

Article VIII || Judicial Department Introduction to Law Saturdays 1:00-4:00 LLB 4101 [Article VIII—Sections 1-5] Judicial Power- power of the courts to apply the laws to contests or disputes concerning legally recognised rights or duties between the State and private persons, or between individual litigants in cases properly brought before the judicial tribunals.

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SCOPE OF JUDICIAL POWER 1. a. b.

Adjudicatory Power- it includes the duty of the courts of justice. To settle actual controversies involving rights which are legally demandable and enforceable. To determine whether there has been a grave abuse of discretion amounting to a lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

º Rights must be derived from law for it to be legally demandable and enforceable in courts. GRAVE ABUSE OF DISCRETION- capricious and arbitrary exercise of judgement as is equivalent, in the eyes of the law, to lack of jurisdiction, that is, lack of authority to act on the matter in dispute.

JUDICIAL POWER VESTED IN THE SUPREME COURT AND LOWER COURTS 1.

2.

POWER OF JUDICIAL REVIEWS Includes the power: 1. 2. 3.

To pass upon the validity or constitutionality of the laws of the State and the acts of the Departments of the government. to interpret them to render binding judgments

INCIDENTAL POWERS – includes the incidental powers necessary to the effective discharge of the judicial functions as the power to punish persons adjudged in contempt. NOTE: GIVING ADVISORY OPINIONS ARE NOT JUDICIAL FUNCTIONS. º

Function of executive officials—the judiciary is entrusted by the Constitution with the function of deciding actual cases and

controversies. It cannot be required by law to exercise any power or perform any duty that is not connected to the administration of judicial functions; it is not its function to give an advisory opinion. It is a function of executive officials. Doctrine of Separation of Powers—this doctrine calls for the other departments being left alone to discharge their duties as they see fit. The Chief Executive and the Congress are not bound to seek the advice of the judiciary as what to do or not to do. Before the Court enters into the picture, the Chief Executive or the Congress has accomplished something. Then they could pass on the validity of what was done but only when challenged in an appropriate legal proceeding. Pendency of many actual cases—with so many cases pending in courts where there is an actual and antagonistic assertion between the parties, it would not serve public interest at all if on hypothetical questions and matters their time would still have to be devoted.

Classification of Courts- only the Supreme Court is a constitutional court in the sense of being a creation of being a creation of the Constitution. All the other courts, including the Sandiganbayan are statutory; they are creations of the law. They are referred to as lower courts in the Constitution, meaning, courts below the Supreme Court. Creation and Abolition of Courts by Congress- in the exercise of its legislative power, the Congress may abolish any or all lower courts and replace them with other courts subject to the limitation that it shall not undermine security of tenure. It cannot abolish the Supreme Court; and neither can it create an additional one. The Constitution provides for only one Supreme Court. Also, it cannot abolish the Sandiganbayan because its existence is constitutionally recognised although Congress, in the exercise of its legislative functions, may determine its functions and jurisdiction.

Organisation of Courts 1.

Regular Courts—the Philippine judicial system consists of a hierarchy of courts resembling a pyramid with the Supreme Court at its apex. Under the Judiciary Reorganisation Act of 1980, the other courts are:

a.

b. c.

The Court of Appeals—they have 69 Justices headed by a Presiding Justice which operates in 23 divisions comprising three members. The Court sits en banc only to exercise administrative, ceremonial, or non-adjudicatory functions. A Regional Trial Court presided by 720 Regional Trial Judges in each of the 13 regions of this country. A Metropolitan Trial Court in each Metropolitan area established by law, a Municipal Trial court in every city not forming part of a metropolitan area, and in each of the municipalities not comprised within a metropolitan area and a Municipal Circuit Trial Court in each area defined as a municipal circuit comprising one or more cities and/or one or more municipalities grouped together according to law.

2. a.

Special Courts The Sandiganbayan—has 14 Justices and a Presiding Justice which operates in five divisions, each division comprising of three members.

b.

Court of Tax Appeals-with five Justices and a Presiding Justice, created under RA 1125, as amended by RA 9282, which has exclusive appellate jurisdiction to review on appeal, among others, decisions of the Commission or Internal Revenue involving internal revenue taxes and decisions of the Commissioner of Customs involving customs duties.

Importance of the Judiciary

1. The Congress cannot diminish or otherwise impair the original and appellate jurisdiction of the Supreme Court over cases enumerated in Section 5. º

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

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Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

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All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

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All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

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All cases in which the jurisdiction of any lower court is in issue.

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All criminal cases in which the penalty imposed is reclusion perpetua or higher.

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All cases in which only an error or question of law is involved.

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Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

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Order a change of venue or place of trial to avoid a miscarriage of justice.

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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

The courts perform a crucial function in the society. 1. 2. 3.

Confidence in the certain and even administration of justice Preservation of the government Respect for law and order

Independence of the Judiciary 1. 2. 3.

Main constitutional provisions safeguarding judicial independence. Other Constitutional provisions Criticism of courts

Power to apportion jurisdiction of Congress 3 limitations of the exercise of this power

various courts vested in

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under-privileged. 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. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

2. No law shall be passed reorganising the judiciary when it undermines security of tenure guaranteed in Section 11

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Cases which need to be decided en banc:

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3. No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence. Jurisdiction of Courts 1. 2. 3. 4. 5. 6. 7. 8.

General Limited Original Appellate Exclusive Concurrent Criminal Civil

Jurisdiction is the power and authority of a court to hear, try and decide a case. COMPOSITION OF THE SUPREME COURT The new Constitution retained the membership of the Supreme Court of 15 members including the Chief Justice under the 1973 charter to cope with the continuing increase in the number of cases brought about a growing population. The Constitution requires any vacancy to be filled within ninety (90) days from the occurrence thereof. In the past, vacancies in the Supreme Court remain unfilled for a long time. Even when the membership was fixed at fifteen (15), it was seldom constituted. Sitting procedure

The Supreme Court may sit and hear cases en banc (as one body) or in divisions of three, five, or seven members. It is now the Supreme Court that decides whether or not it will sit in divisions. On the basis of 15 members, the number of divisions will be five, composed of three members each, or two meeting separately. In case of two divisions, there will be eight members including the CJ in one division, and seven in the other. The different sizes in the division would indicate inconsistent decisions.

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Cases involving the constitutionality of a treaty, international or executive agreement shall always be heard by the SC en banc. To declare a treaty, international or executive agreement, or law unconstitutional, the concurrence of the majority of the members who actually took part in the deliberations on the issue of the case and voted thereon is required. NOTE: the quorum of the Supreme Court when sitting en banc is eight (8). Hence, the votes of five are enough for rendering a decision on all cases to be heard en banc, provided they actually took part in the deliberations on the issues in the case. All other cases including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions and other regulations which under the rules of court are required to be heard en banc shall be decided with concurrence also of the number provided above. In administrative cases where the decision is for the dismissal of a judge of a lower court. Cases heard by a division shall be decided with the concurrence likewise of the same majority of the members who are at least three in number but if such number is not obtained, the case shall be decided en banc. Cases modifying or reversing a doctrine or principle of law laid down by the Court in a decision rendered en banc or division shall be decided by the Court sitting en banc.

EXECUTIVE AGREEMENT- agreement entered into by the President on behalf of the Philippines with the government of another country and is effective and binding upon the Philippines even without the concurrence of the Congress.

Classes of executive agreements: 1. those made purely as executive acts affecting external relations and independent of legislative authorization. 2. those entered into pursuance of acts of Congress.

2.

Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

Judicial review- power of the courts to test the validity of executive and legislative acts in the light of their conformity with the Constitution. This power is not an assertion of the Court’s superiority to the other departments, but rather, merely an expression of the supremacy of the Constitution.

a.

All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

LIMITATIONS ON THE POWER OF JUDICIAL REVIEW

b.

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

c.

All cases in which the jurisdiction of any lower court is in issue.

d.

All criminal cases in which the penalty imposed is reclusion perpetua or higher.

e.

All cases in which only an error or question of law is involved.

1. 2. 3. 4.

There must a concurrence of at least a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. A law, etc. must be sustained unless clearly repugnant to the Constitution in view of the presumption of validity. The question of wisdom, propriety, or necessity of a law, is not open to determination by the court. Political questions are generally addressed to the political (i.e., elective branches (namely, the President and Congress) of the government, and therefore, not justiciable.

Justiciable question distinguished from political question A justiciable question is one which affects person or property rights accorded to every member of the community in cases properly brought before the judicial tribunals. It is one which is proper to be examined or decided in courts of justice because its determination would not involve an encroachment upon the legislative or executive power. On the other hand, a political question is one which the Constitution is to be decided by the people in their sovereign capacity, or in regard to which the full discretionary authority has been delegated to the legislative or executive branch of the government.

3.

Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

4.

Order a change of venue or place of trial to avoid a miscarriage of justice.

5.

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 under-privileged. 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. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

POWERS OF THE SUPREME COURT 1.

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

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ORIGINAL JURISDICTION OF THE SUPREME COURT OVER CASES AFFECTING AMBASSADORS, etc. º

As a rule, ambassadors and other public ministers are exempt from the jurisdiction of tribunals of the country to which they are accredited. This is based on the principle of international law that they are considered extensions of the sovereignty of the states they represent. A consul, on the other hand, is not entitled to the privileges and immunities of an ambassador or a minister and is subject to the laws of the country to which he is accredited. A consul then is not exempt from criminal prosecution.

Original jurisdiction of the court over petitions for certiorari, etc. 1. 2.

3. 4.

Certiorari- a writ issued from a superior court, requiring a lower court or board or officer exercising judicial functions to transmit the records of a case to the superior court for purposes of review. Prohibition- a writ by which a superior court commands a lower court or a corporation, a board or a person acting in grave abuse of discretion, or in lack or in excess of jurisdiction to desist from further proceedings in an action or matter. Mandamus-an order issued by the superior courts commanding a lower court or a corporation, board or a person to perform a certain act which is its duty to do so. Quo Warranto-action by the government by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it.

Exclusive Appellate Jurisdiction of the Supreme Court Exclusive Appellate Jurisdiction-refers to cases of great public interests or of serious moment to individual rights. Note: the Congress can only exercise its power (in respect to this jurisdiction (as thus provided) to decide whether the elevation of cases from lower courts should be done through appeal or certiorari, which is a matter of procedure which also may be determined by the Rules of Court itself. 1. 2.

By APPEAL, the appellate court reviews all the findings of the law and of fact of a lower court as in special proceedings. By CERTIORARI the appellate or superior court