AY ’04 – ’05J
I. Introductory ConceptsII. Judicial Power
A. Nature and Scope of Judicial Power1. 1987 Philippine ConstitutionActual Controversy and Judicial Review.
The judicial power shall be vested in one SupremeCourt and in such lower courts as may be established bylaw.Judicial power includes the duty of the courts of justice1. To settle
involving rights whichare legally demandable and enforceable, and2. To determine whether or not there has been a
graveabuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government. (Article VIII, Section 1, 1987 Constitution)
Any person interested under a deed, will, contractor other written instrument, or
whose rights are affectedby a statute, executive order or regulation,ordinance, or any other governmental regulationmay
, before breach or violation thereof, bring an action inthe appropriate Regional Trial Court
to determine anyquestion of construction or validity arising, and for adeclaration of his rights or duties, thereunder.
An action for the reformation of an instrument, toquite title to real property or remover cloud therefrom, orto consolidate ownership under Article 1607 of the CivilCode, may be brought under this Rule. (Rule 63, Sec. 1)
Presidential and Vice Presidential Elections
The Supreme Court, sitting en banc, shall be thesole judge of all contests relating to the election, returns,and qualifications of the President or Vice-President, andmay promulgate its rules for the purpose. (Article VII,Section 4, paragraph 7, 1987 Constitution)
Martial Law and Suspension of Writ of Habeas Corpus
The Supreme Court may review, in an appropriateproceeding filed by any citizen, the sufficiency of the factualbasis of the proclamation of martial law or the suspensionof the privilege of the writ of habeas corpus or theextension thereof, and must promulgate its decisionthereon within thirty days from its filing. (Article VII,Section 18, Paragraph 3, 1987 Constitution)
2. Statutory Basis of Judicial Review
When the courts declare a law to be inconsistentwith the Constitution, the former shall be void and thelatter shall govern.Administrative or executive acts, orders andregulations shall be valid only when they are not contraryto the laws or the Constitution. (Article 7, Paragraph 2-3,Civil Code)
3. Judicial Legislation
Judicial decisions applying or interpreting the lawsor the Constitution shall form part of the legal system of the Philippines. (Article 8, Civil Code)No judge or court shall decline to render judgmentby reason of the silence, obscurity or insufficiency of thelaw. (Article 9, Civil Code)
B. Constitutional Protections1. Constitutional Status
The Congress shall have the power to define,prescribe, and apportion the jurisdiction of the variouscourts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.No law shall be passed reorganizing the Judiciarywhen it undermines the security of tenure of its Members.(Article VIII, Section 2, 1987 Constitution)The Supreme Court shall have the followingpowers:
Exercise original jurisdiction over cases affectingambassadors, other public ministers and consuls, and overpetitions for certiorari, prohibition, mandamus, quowarranto, and habeas corpus.
Review, revise, reverse, modify, or affirm on appeal orcertiorari, as the law or the Rules of Court may provide,final judgments and orders of lower courts in:
All cases in which the constitutionality orvalidity of any treaty, international or executive agreement,law, presidential decree, proclamation, order, instruction,ordinance, or regulation is in question.
All cases involving the legality of any tax,impost, assessment, or toll, or any penalty imposed inrelation thereto.
All cases in which the jurisdiction of any lowercourt is in issue.
All criminal cases in which the penaltyimposed is reclusion perpetua or higher.
All cases in which only an error or question of law is involved.
Assign temporarily judges of lower courts to otherstations as public interest may require. Such temporaryassignment shall not exceed six months without theconsent of the judge concerned.
Order a change of venue or place of trial to avoid amiscarriage of justice.
Promulgate rules concerning the protection andenforcement of constitutional rights, pleading, practice, andprocedure 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 andinexpensive procedure for the speedy disposition of cases,shall be uniform for all courts of the same grade, and shallnot diminish, increase, or modify substantive rights. Rulesof procedure of special courts and quasi-judicial bodies shallremain effective unless disapproved by the Supreme Court.
Appoint all officials and employees of the Judiciary inaccordance with the Civil Service Law.(Article VIII, Section 5, 1987 Constitution)The Supreme Court shall have administrativesupervision over all courts and the personnel thereof.(Article VIII, Section 6, 1987 Constitution)
2. Statutory Increase of Appellate Jurisdiction
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in thisConstitution without its advice and concurrence. (ArticleVII, Section 30, 1987 Constitution)
1 of 229