Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
99Activity
0 of .
Results for:
No results containing your search query
P. 1
Constitutional Law 1 - File No. 6

Constitutional Law 1 - File No. 6

Ratings:
(0)
|Views: 2,129|Likes:

More info:

Categories:Types, Business/Law
Published by: priam gabriel d salidaga on Oct 23, 2009
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

09/23/2014

pdf

text

original

 
CONSTITUTIONAL LAW I
File No. 6
 
IV.JUDICIAL DEPARTMENT
1.JUDICIAL POWERSection 1. The judicial power shall be vested in one SupremeCourt and in such lower courts as may be established by law.
 Judicial power includes the duty of the courts of justice to settle actualcontroversies involving rights which are legally demandable andenforceable, and to determine whether or not there has been a graveabuse of discretion amounting to lack or excess of jurisdiction on thepart of any branch or instrumentality of the Government.Duty of courts of justice to settle actual controversies involving rightswhich are legally demandable and enforceable, and to determinewhether or not there has been a grave abuse of discretion amountingto lack or excess of jurisdiction on the part of any branch orinstrumentality of government
(Sec. 1, par.2, Art VII)
.
Expanded jurisdictionEffect on the political question doctrine
A
‘Political Question’
is one the resolution of which has been vestedby the Constitution exclusively in either the people, in the exercise of their sovereign capacity, or in which full discretionary authority hasbeen delegated to a co-equal branch of the Government. Thus, whilecourts can determine questions of legality with respect togovernmental action, they cannot review government policy and thewisdom thereof, for these questions have been vested by theConstitution in the Executive and Legislative Departments 
2.JURISDICTIONSection 2. The Congress shall have the power to define,prescribe, and apportion the jurisdiction of the various courts
 
but may not deprive the Supreme Court of its jurisdiction overcases enumerated in Section 5 hereof.No law shall be passed reorganizing the Judiciary when itundermines the security of tenure of its Members.
Power to hear and decide a case and execute decisionthereof. 
CASES
On 2 February 1987, the New Constitution took effect. Sec. 30,Art. VI, thereof provides: "No law shall be passed increasing theappellate jurisdiction of the Supreme Court as provided in thisConstitution without its advice and concurrence."On 8 May 1987, the President promulgated E.O. No. 172 creatingthe Energy Regulatory Board to replace the Board of Energy. UnderSec. 10 thereof, "[a] party adversely affected by a decision, orderor ruling of the Board . . . may file a petition to be known as petitionfor review with the Supreme Court."On 27 February 1991, the Supreme Court promulgated Circular No.1-91, par. (1) of which specifically provides that the proper mode of appeal from any quasi-judicial agency, including ERB, is by way of apetition for review with the Court of Appeals.It is very patent that since Sec. 10 of E.O. No. 172 was enactedwithout the advice and concurrence of this Court, this provisionnever became effective, with the result that it cannot be deemed tohave amended the
 Judiciary Reorganization Act of 1980
.Consequently, the authority of the Court of Appeals to decide casesfrom the Board of Energy, now ERB, remains
(Diaz vs. CA, GR L-109698,Dec. 5, 1994)
.
 The Constitution now provides in Art. VI, ? 30 that "No law shallbe passed increasing the appellate jurisdiction of the SupremeCourt as provided in this Constitution without its advice andconcurrence." This provision is intended to give the Supreme Courta measure of control over cases placed under its appellate jurisdiction. For the indiscriminate enactment of legislationenlarging its appellate jurisdiction can unnecessarily burden theCourt and thereby undermine its essential function of expoundingthe law in its most profound national aspects.
 
Indeed, there is no reason why decisions and final orders of the BOImust be directly appealed to this Court. As already noted in themain decision in this case, the purpose of ? 9 of B.P. Blg. 129 is toprovide uniform appeals to the Court of Appeals from the decisionsand final orders of all quasi-judicial agencies, with the exceptiononly of those issued under the Labor Code and those rendered bythe Central Board of Assessment Appeals. It is, therefore,regrettable that in the adoption of the Omnibus Investments Codeof 1987 the advice and concurrence of the Supreme Court, asrequired by the Constitution, had not been obtained in providing forthe appeal of the decisions and final orders of the BOI directly tothe Supreme Court
(First Lepanto Ceramics vs. CA, Gr 110571, Oct. 7, 1994)
.
3.CONSTITUTIONAL SAFEGUARDS TO INSUREINDEPENDENCE OF THE JUDICIARY 
1.
SC is a constitutional body; may not be abolished bylaw;
2.
Members are only removable by impeachment;
3.
SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increasedwithout its advise or concurrence;
4.
SC has administrative supervision over all inferiorcourts and personnel;
5.
SC has exclusive power to discipline judges / justicesof inferior courts;
6.
Members of judiciary enjoy security of tenure;
7.
Members of judiciary may not be designated to anyagency performing quasi-judicial or administrativefunctions;
8.
Salaries of judges may not be reduced; judiciaryenjoys fiscal autonomy;
9.
SC alone may initiate Rules of Court;
10.
SC alone may order temporary detail of judges; and
11.
SC can appoint all officials and employees of the Judiciary.
a.Justices/judges may not be designated to anyagency performing non-judicial functionsSection 12. The Members of the Supreme Court and of othercourts established by law shall not be designated to anyagency performing quasi-judicial or administrative functions.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->