controversies.

It cannot be required by law to exercise any power

or perform any duty that is not connected to the administration of
Article VIII || Judicial Department judicial functions; it is not its function to give an advisory opinion.
Introduction to Law It is a function of executive officials.
Saturdays 1:00-4:00 º Doctrine of Separation of Powers—this doctrine calls for the other
LLB 4101 departments being left alone to discharge their duties as they see
[Article VIII—Sections 1-5] 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
Judicial Power- power of the courts to apply the laws to contests or Court enters into the picture, the Chief Executive or the Congress
disputes concerning legally recognised rights or duties between the State has accomplished something. Then they could pass on the validity
and private persons, or between individual litigants in cases properly of what was done but only when challenged in an appropriate legal
brought before the judicial tribunals. proceeding.
º Pendency of many actual cases—with so many cases pending in
SCOPE OF JUDICIAL POWER courts where there is an actual and antagonistic assertion
between the parties, it would not serve public interest at all if on
1. Adjudicatory Power- it includes the duty of the courts of justice. hypothetical questions and matters their time would still have to
a. To settle actual controversies involving rights which are legally be devoted.
demandable and enforceable.
b. To determine whether there has been a grave abuse of discretion
amounting to a lack or excess of jurisdiction on the part of any JUDICIAL POWER VESTED IN THE SUPREME COURT AND LOWER
branch or instrumentality of the government. COURTS

º Rights must be derived from law for it to be legally demandable and 1. Classification of Courts- only the Supreme Court is a constitutional
enforceable in courts. court in the sense of being a creation of being a creation of the
Constitution. All the other courts, including the Sandiganbayan are
GRAVE ABUSE OF DISCRETION- capricious and arbitrary exercise of statutory; they are creations of the law. They are referred to as
judgement as is equivalent, in the eyes of the law, to lack of jurisdiction, lower courts in the Constitution, meaning, courts below the
that is, lack of authority to act on the matter in dispute. Supreme Court.
2. Creation and Abolition of Courts by Congress- in the exercise of its
POWER OF JUDICIAL REVIEWS legislative power, the Congress may abolish any or all lower courts
and replace them with other courts subject to the limitation that it
Includes the power: shall not undermine security of tenure. It cannot abolish the
Supreme Court; and neither can it create an additional one. The
1. To pass upon the validity or constitutionality of the laws of the Constitution provides for only one Supreme Court. Also, it cannot
State and the acts of the Departments of the government. abolish the Sandiganbayan because its existence is
2. to interpret them constitutionally recognised although Congress, in the exercise of
3. to render binding judgments its legislative functions, may determine its functions and
jurisdiction.
INCIDENTAL POWERS – includes the incidental powers necessary to the
effective discharge of the judicial functions as the power to punish persons
adjudged in contempt. Organisation of Courts

NOTE: GIVING ADVISORY OPINIONS ARE NOT JUDICIAL FUNCTIONS. 1. Regular Courts—the Philippine judicial system consists of a
hierarchy of courts resembling a pyramid with the Supreme Court
º Function of executive officials—the judiciary is entrusted by the at its apex. Under the Judiciary Reorganisation Act of 1980, the
Constitution with the function of deciding actual cases and other courts are:
 a. 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.
b. A Regional Trial Court presided by 720 Regional Trial Judges in
each of the 13 regions of this country.
c. 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.
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.
º 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:

2. Special Courts º All cases in which the constitutionality or validity of any

a. The Sandiganbayan—has 14 Justices and a Presiding Justice which treaty, international or executive agreement, law,
operates in five divisions, each division comprising of three presidential decree, proclamation, order, instruction,
members. ordinance, or regulation is in question.

º All cases involving the legality of any tax, impost,

b. Court of Tax Appeals-with five Justices and a Presiding Justice, assessment, or toll, or any penalty imposed in relation
created under RA 1125, as amended by RA 9282, which has thereto.
exclusive appellate jurisdiction to review on appeal, among others,
decisions of the Commission or Internal Revenue involving internal
º All cases in which the jurisdiction of any lower court is in
revenue taxes and decisions of the Commissioner of Customs
issue.
involving customs duties.

Importance of the Judiciary º All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
The courts perform a crucial function in the society.
º All cases in which only an error or question of law is
1. Confidence in the certain and even administration of justice involved.
2. Preservation of the government
3. Respect for law and order º Assign temporarily judges of lower courts to other stations
as public interest may require. Such temporary assignment
Independence of the Judiciary shall not exceed six months without the consent of the
judge concerned.
1. Main constitutional provisions safeguarding judicial independence.
2. Other Constitutional provisions
3. Criticism of courts º Order a change of venue or place of trial to avoid a
miscarriage of justice.
Power to apportion jurisdiction of various courts vested in
Congress º Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
3 limitations of the exercise of this power 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.
º Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
º 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.
º 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.

Cases which need to be decided en banc:

2. No law shall be passed reorganising the judiciary when it
undermines security of tenure guaranteed in Section 11
º Cases involving the constitutionality of a treaty, international or
3. No law shall be passed increasing the appellate jurisdiction of the executive agreement shall always be heard by the SC en banc. To
Supreme Court without its advice and concurrence. 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
Jurisdiction of Courts 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
1. General enough for rendering a decision on all cases to be heard en banc,
2. Limited provided they actually took part in the deliberations on the issues
3. Original in the case.
4. Appellate º All other cases including those involving the constitutionality,
5. Exclusive application or operation of presidential decrees, proclamations,
6. Concurrent orders, instructions and other regulations which under the rules of
7. Criminal court are required to be heard en banc shall be decided with
8. Civil concurrence also of the number provided above.
º In administrative cases where the decision is for the dismissal of a
Jurisdiction is the power and authority of a court to hear, try and decide a judge of a lower court.
case. º 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
COMPOSITION OF THE SUPREME COURT be decided en banc.
º Cases modifying or reversing a doctrine or principle of law laid
The new Constitution retained the membership of the Supreme Court of 15 down by the Court in a decision rendered en banc or division shall
members including the Chief Justice under the 1973 charter to cope with be decided by the Court sitting en banc.
the continuing increase in the number of cases brought about a growing
population.
EXECUTIVE AGREEMENT- agreement entered into by the President on
The Constitution requires any vacancy to be filled within ninety (90) days behalf of the Philippines with the government of another country and is
from the occurrence thereof. In the past, vacancies in the Supreme Court effective and binding upon the Philippines even without the concurrence of
remain unfilled for a long time. Even when the membership was fixed at the Congress.
fifteen (15), it was seldom constituted.

Sitting procedure
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.
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.
LIMITATIONS ON THE POWER OF JUDICIAL REVIEW
1. 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.
2. A law, etc. must be sustained unless clearly repugnant to the
Constitution in view of the presumption of validity.
3. The question of wisdom, propriety, or necessity of a law, is not
open to determination by the court.
4. 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.
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.
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:
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.
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.
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.
6. Appoint all officials and employees of the Judiciary in accordance
with the Civil Service Law.
 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. 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.
2. 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.
3. 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.
4. 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. By APPEAL, the appellate court reviews all the findings of the law
and of fact of a lower court as in special proceedings.
2. By CERTIORARI the appellate or superior court