(When)and must promulgate its decision thereon
within thirty days from its filing
. (Article VII,Section 18, Paragraph 3, 1987 Constitution)e.statutory base of jud’l. review – CivilCode, Art. 7(When) When the courts declare a
inconsistent with the Constitution
the former shall be void and the latter shallgovern.
Administrative or executive acts, orders andregulations
shall be valid only when theyare not contrary to the laws orthe Constitution. (Article 7,Paragraph 2-3, Civil Code) jud’l. legislation – Civil Code, Art’s 8 & 9(Part of Legal System)Judicial decisions applying orinterpreting the laws or the Constitution shall form
part of the legal system
of the Philippines. (Article8, Civil Code)(Mandatory Judgment)No judge or court shall declineto render judgment by reason of the silence, obscurityor insufficnency of the law. (Article 9, Civil Code)Constitutional protections
constitutional status – Art. VIII, sec’s. 2,5
R 56.3(Who) The Congress shall have(What) the power to define, prescribe, and apportion(DPA) the jurisdiction of the various courts(Limitation)
but may not
deprive the SupremeCourt of its jurisdiction over cases
Section 5 hereof.
No law shall be passed
undermines thesecurity of tenure
of its Members.(Article VIII, Section 2, 1987 Constitution)(Summary of Mandatory SC Jurisdiction:1.Orig: APmC + CPMQH2.Appeal/Cert by RRRMAa.Constitutionality/Validity(TALPdPOIOR)b.Legality: TIAT-Pc.Jurisdiction of lower courtsd.Crim cases w/ RP or highere.ONLY error/Q of law3.Temp assignment of judges to lower courts4.Change of venue – e.g. Ppl v Sola5.Promulgate rules – consti rights, PPP incourts, AI, L6.appointment of judiciary officials)The Supreme Court shall have the following powers:
Exercise original jurisdiction over cases affectingambassadors, other public ministers and consuls,and over petitions for certiorari, prohibition,mandamus, quo warranto, and habeas corpus.
Review, revise, reverse, modify, or affirm onappeal or certiorari, as the law or the Rules of Courtmay provide, final judgments and orders of lowercourts in:
All cases in which the constitutionality orvalidity of any treaty, international or executiveagreement, law, presidential decree, proclamation,order, instruction, ordinance, or regulation is inquestion.
All cases involving the legality of anytax, impost, assessment, or toll, or any penaltyimposed in relation thereto.
All cases in which the jurisdiction of anylower court is in issue.
All criminal cases in which the penaltyimposed is reclusion perpetua or higher.
All cases in which only an error orquestion of law is involved.
Assign temporarily judges of lower courts toother stations as public interest may require. Suchtemporary assignment shall not exceed six monthswithout the consent of the judge concerned.
Order a change of venue or place of trial toavoid a miscarriage of justice.
Promulgate rules concerning the protection andenforcement of constitutional rights, pleading,practice, and procedure in all courts, the admissionto the practice of law, the integrated bar, and legalassistance to the under-privileged. Such rules shallprovide a simplified and inexpensive procedure forthe speedy disposition of cases, shall be uniform forall courts of the same grade, and shall not diminish,increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodiesshall remain effective unless disapproved by theSupreme Court.
Appoint all officials and employees of theJudiciary in accordance with the Civil Service Law.(Article VIII, Section 5, 1987 Constitution)
Mode of appeal
. — An appeal to theSupreme Court may be taken(GR)only by a petition for review on
Lorybeth Baldrias, E2009
(with inputs from Mark Parcia and the Pampolina CivPro Reviwer)2