ATTY.

JUNIVEN REY S UMADHAY’S POLITICAL LAW NOTES

JUDICIAL DEPARTMENT, ARTICLE VIII

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
JUDICIAL POWER

The duty of the courts of justice to settle actual controversies involving rights, which are legally
demandable and enforceable and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government. [1987 Constitution, Art. VIII, Sec. 1(2)]

Body vested with judicial power

It is vested in one Supreme Court and such lower courts as may be established by law (1987
Consitution, Art. VIII, Sec. 1).

Judicial inquiry
The power of the court to inquire into the exercise of discretionary powers to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction.

JUDICIAL REVIEW
The power of the SC to determine the constitutionality of a law, treaty, ordinance, presidential
issuance, and other governmental acts.
NOTE: When the judiciary mediates to allocate constitutional boundaries, it does not assert any
superiority over other departments; it does not in reality nullify or invalidate an act of the
legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution and to establish for the parties in
an actual controversy the rights which that instrument secures and guarantees to them. This is in
truth all that is involved in what is termed as ‘judicial supremacy’, which properly is the power of
judicial review under the Constitution. (Angara v. The Electoral Commission, G.R. No. L-45081,
July 15, 1936)

Requisites of judicial review (APEN)

1. Actual case– An existing case or controversy which is both ripe for resolution and susceptible of
judicial determination, and that which is not conjectural or anticipatory, or that which seeks to
resolve hypothetical or feigned constitutional problems.
2. Proper party– One who has sustained or is in immediate danger of sustaining an injury as a
result of the act complained of. To have standing, one must show that:
a. he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of the
government;
b. the injury is fairly traceable to the challenged action; and
c. the injury is likely to be redressed by a favorable action. (Francisco, Jr. & Hizon v. Toll
Regulatory Board, G.R. Nos. 166910, Oct. 19, 2010)
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Rule on standing is a matter of procedure, hence, canbe relaxed

When the proceeding involves the assertion of a public right, the mere fact that the petitioner is a
citizen satisfies the requirement of personal interest. Thus, the privatization of power plants in a
manner that ensures the reliability and affordability of electricity in our country is an issue of
paramount public interest in which the Court held that petitioner possesses the requisite legal
standing to file the case. (Osmeña v. Power Sector Assets and Liabilities Management
Corporation, G.R. No. 212686, Sept. 28, 2015)

Locus Standi in Environmental Cases

In our jurisdiction, locus standi in environmental cases has been given a more liberalized approach.
Recently, the Court passed the landmark Rules of Procedure for Environmental Cases, which
allow for a “citizen suit,” and permit any Filipino citizen, as steward of nature, to file an action
before our courts for violations of our environmental laws. Thus, the need to give the Resident
Marine Mammals legal standing has been eliminated by our Rules and it is worth noting here that
the Stewards are joined as real parties in the Petition and not just in representation of the named
cetacean species. (Resident Marine Mammals v. Reyes, G.R. No. 180771, April 21, 2015)
The filing of a petition for the issuance of a writ of kalikasan does not require that a petitioner be
directly affected by an environmental disaster. The rule clearly allows juridical persons to file the
petition on behalf of persons whose constitutional right to a balanced and healthful ecology is
violated, or threatened with violation. (West Tower v. First Philippine, G.R. No. 194239, June 16,
2015)

3. Earliest opportunity– Constitutional question must be raised at the earliest possible

opportunity.
GR: It must be raised in the pleadings.
XPN:
1. Criminal case – It may be brought at any stage of the proceedings according to the discretion of
the judge (trial or appeal) because no one shall be brought within the terms of the law who are not
clearly within them and the act shall not be punished when the law does not clearly punish them.
2. Civil case – It may be brought anytime if the resolution of the constitutional issue is inevitable in
resolving the main issue.
3. When the jurisdiction of the lower court is in question except when there is estoppel.

4. Necessity of deciding constitutional questions – As long as there are other bases which
courts can use for decision, constitutionality of the law will not be touched, thus, courts should
refrain from resolving any constitutional issue "unless the constitutional question is the lis mota of
the case." Lis mota literally means "the cause of the suit or action." Given the presumed validity of
an executive act, the petitioner who claims otherwise has the burden of showing first that the case
cannot be resolved unless the constitutional question he raised is determined by the Court.
(General v. Urro, G.R. No. 191560, March 29, 2011)

Scope of Judicial Review

The courts have the power to pass upon the validity and the constitutionality of laws enacted by the
legislature, and other bodies of the government, under the doctrine of checks and balances. The
lower courts are likewise vested with the power of judicial review, subject however to the appellate
jurisdiction of the higher courts.

Functions of judicial review

1. Checking – Invalidating a law or executive act that is found to be contrary to the Constitution.
ATTY. JUNIVEN REY S UMADHAY’S POLITICAL LAW NOTES

2. Legitimizing – Upholding the validity of the law that results from a mere dismissal of a case
challenging the validity of the law.
3. Symbolic – To educate the bench and bar as to the controlling principles and concepts on matters
of grave public importance for the guidance of, and restraint upon the future. (Dumlao v.
COMELEC, G.R. No. L-52245, Jan. 22, 1980)
Power of judicial review in impeachment proceedings includes the power of review over justiciable
issues in impeachment proceedings. (Francisco v. HoR, G.R. No. 160261, Nov. 10, 2003)

Section 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 over
cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of
its Members.

Constitutional safeguards that guarantee the independence of the judiciary

1. The SC is a constitutional body and may not be abolished by law.
2. Members are only removable by impeachment. (1987 Constitution, Art. XI, Sec. 2)
3. The SC may not be deprived of its minimum and appellate jurisdiction (1987 Constitution, Art
VIII,
Sec. 2); appellate jurisdiction may not be increased without its advice or
concurrence. (1987 Constitution, Art. VI, Sec. 30)
NOTE: The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts (all courts below the SC) but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in Section 5 (express powers of the SC)
hereof. (1987 Constitution, Art. VII, Sec. 2)
4. The SC has administrative supervision over all inferior courts and personnel. (1987 Constitution,
Art. VIII, Sec. 6)
5. The SC has exclusive power to discipline judges/justices of inferior courts. (1987 Constitution,
Art. VIII, Sec. 11)
6. The members of the judiciary enjoy security of tenure. [1987 Constitution, Art. VIII, Sec. 2 (2)]
7. The members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions. (1987 Constitution, Art. VIII, Sec 12)
8. The salaries of judges may not be reduced; the judiciary enjoys fiscal autonomy. (1987
Constitution, Art. VIII, Sec. 3)
9. The SC alone may initiate the promulgation of the Rules of Court. [1987 Constitution, Art. VIII,
Sec. 5 (5)]
10. The SC alone may order temporary detail of judges. [1987 Constitution, Art. VIII, Sec. 5 (3)]
11. The SC can appoint all officials and employees of the Judiciary. (1987 Constitution, Art. VIII,
Sec. 5 (6)]

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year and, after approval,
shall be automatically and regularly released.

Constitutional guarantee of fiscal autonomy (1999, 2000 Bar)

In Bengzon v. Drilon (G.R. No. 103524, April 15, 1992), the SC explained that fiscal autonomy
contemplates a guarantee of full flexibility to allocate and utilize resources with the wisdom and
dispatch that the needs require.
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It recognizes the power and authority to deny, assess and collect fees, fix rates of compensation not
exceeding the highest rates authorized by law for compensation and pay plans of the government
and allocate and disburse such sums as may be provided by law or prescribed by it in the course of
the discharge of its functions.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.

Judicial appointment (2000 Bar)

The members of the judiciary are appointed by the President of the Philippines from among a list of
at least three nominees prepared by the Judicial and Bar Council (JBC) for every vacancy.
NOTE: The appointment shall need no confirmation from the Commission on Appointments. (1987
Constitution,
Art. VIII, Sec. 9)
Rules on vacancies in the SC
1. Vacancies in the SC should be filled within 90 days from the occurrence of the vacancy.
2. Vacancies in lower courts should be filled within 90 days from submission to the President of
the JBC list.
3. The filling of the vacancy in the Supreme Court within the 90-day period is an exception to the
prohibition on midnight appointments of the president. This means that even if the period falls on
the period where the president is prohibited from making appointments (midnight appointments);
the president is allowed to make appointments to fill vacancies in the Supreme Court. (De Castro v.
JBC, G.R. No. 191002, April 20, 2010)

Tenure of the members of the SC and judges (1993,

1996, 2000 Bar)
Members of the SC and judges of lower courts can hold office during good behavior until:
1. The age of 70 years old; or
2. They become incapacitated to discharge their duties.

Composition of the SC
A. Chief Justice
B. 14 Associate Justices
Divisions of the SC
It may sit en banc or in its discretion, in divisions of three, five, or seven Members [1987
Constitution, Art.
VIII, Sec. 4(1)]

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon.

Cases that should be heard by the SC en banc (TRuPDE- PreJ) (1996, 1999 Bar)
1. All cases involving the constitutionality of a Treaty, international or executive agreement, or law;
2. All cases which under the Rules of Court may be required to be heard en banc;
ATTY. JUNIVEN REY S UMADHAY’S POLITICAL LAW NOTES

3. All cases involving the constitutionality, application or operation of Presidential decrees,

proclamations, orders, instructions, ordinances, and other regulations;
4. Cases heard by a Division when the required majority in the division is not obtained;
5. Cases where the SC modifies or reverses a doctrine or principle of law Previously laid either en
banc or in division;
6. Administrative cases involving the discipline or dismissal of Judges of lower courts;
7. Election contests for president or vice-president.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and voted
thereon, and in no case without the concurrence of at least three of such Members. When the required
number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of
law laid down by the court in a decision rendered en banc or in division may be modified or reversed
except by the court sitting en banc.

Other cases or matters may be heard in division, and decided or resolved with the concurrence of a
majority of the members who actually took part in the deliberations on the issues and voted
thereon, but in no case without the concurrence of at least three such members.

Section 5. The Supreme Court shall have the following powers:

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 AND APPELLATE JURISDICTION
Original Jurisdiction
1. Cases affecting ambassadors, other public ministers and consuls
2. Petition for certiorari
3. Petition for prohibition
4. Petition for mandamus
5. Petition for quo warranto
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6. Petition for habeas corpus

[1987 Constitution, Art. VIII, Sec. 5(1)]

Appellate Jurisdiction
SC may review, revise, reverse, modify, or affirm final judgments and orders of lower courts in:

Appellate jurisdiction of the SC (1994, 1995, 1996, 2000, 2004, 2006 Bar)
The Supreme Court has the power to review, revise, reverse, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final judgments and orders of lower courts in:
1. 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.
2. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
5. All cases in which only an error or question of law is involved. [1987 Constitution, Art VIII, Sec.
5(2)]

PROCEDURAL RULE-MAKING POWER

Scope of the rule-making power of the SC (1991, 2000, 2008, 2009, 2013, 2014, 2015 Bar)
1. The protection and enforcement of constitutional rights
2. Pleadings, practice and procedure in all courts
3. Admission to the practice of law
4. The Integrated Bar
5. Legal assistance to the underprivileged

Limitations on its rule making power

1. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
2. It should be uniform for all courts of the same grade.
3. It should not diminish, increase, or modify substantive rights.

SC as the Presidential Electoral Tribunal (PET)

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, and may promulgate its rules for the
purpose. (1987 Constitution,
Art. VII, Sec. 4, par. 7) (1999, 2012 Bar)
The PET is an institution independent, but not separate, from the judicial department, i.e., the SC.
The SC’s method of deciding presidential and vice-presidential election contests, through the PET, is
derivative of the exercise of the prerogative conferred by the constitution. (Macalintal v. PET, G.R.
No. 191618, Nov. 23, 2010)

SC’s disciplinary power over judges of lower court

1. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
2. Disciplinary action/dismissal – Majority vote of the SC Justices who took part in the deliberations
and voted therein. (1987 Constitution, Art. VIII, Sec. 11)

NOTE: The Constitution provides that the SC is given exclusive administrative supervision over all
courts and judicial personnel.
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Administrative cases, which the SC may hear en banc, under Bar Matter No. 209, include:
1. Administrative judges;
2. Disbarment of lawyers;
3. Suspension of more than 1 year; or
4. Fine exceeding Php 10,000. (People v. Gacott, G.R. No. 116049, July 13, 1995)

Section 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

SC’s disciplinary power over judges of lower court

1. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
2. Disciplinary action/dismissal – Majority vote of the SC Justices who took part in the deliberations
and voted therein. (1987 Constitution, Art. VIII, Sec. 11)

NOTE: The Constitution provides that the SC is given exclusive administrative supervision over all
courts and judicial personnel.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more, a judge
of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

General qualification for appointments to the judiciary

Of proven competence, integrity, probity and independence. [1987 Constitution, Art. VIII, Sec.
7(3)]

Qualifications for appointments to the SC

1. Natural born citizen of the Philippines;
2. At least 40 years of age; and
3. A judge of a lower court or engaged in the practice of law in the Philippines for 15 years or more.
[1987
Constitution, Art. VIII, Sec. 7(1)]

General qualifications for appointments to LOWER COLLEGIATE courts

1. Natural born citizen of the Philippines; and
2. Member of the Philippine Bar.
General qualifications for appointments to LOWER courts
1. Citizen of the Philippines; and
2. Member of the Philippine Bar.
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Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations
for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.

Composition of the JBC (C2RISP2) (1999 Bar)

1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A Professor of law
6. A Retired member of the SC
7. Private sector representative 6. A retired member of the SC – 2 years
7. Private sector representative – 1 year. [1987 Constitution, Art. VIII, Sec. 8(2)]
Rationale: continuity and preservation of the institutional memory

NOTE: JBC does not fall within the scope of a tribunal, board, or officer exercising judicial or quasi-
judicial functions. However, since the formulation of guidelines and criteria is necessary and
incidental to the exercise of the JBC’s constitutional mandate, a determination must be made on
whether the JBC has acted with grave abuse of discretion amounting to lack or excess of jurisdiction
in issuing and enforcing the said policy. (Villanueva v. JBC, G.R. No. 211833, April 7, 2015)

Staggered Terms of members of the JBC

A. Regular Members
1. Chief Justice – 4 years
2. Secretary of Justice – 4 years
3. Representative of Congress – 4 years
B. Other Members
4. Representative of the Integrated Bar – 4 years
5. A professor of law – 3 years

Functions of the JBC (2000 Bar)

The principal function of the JBC is to recommend appointees to the judiciary. It may, however,
exercise such functions as the SC may assign to it. (1987 Constitution, Art. VIII, Sec. 8)
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NOTE: The duty of the JBC to submit a list of nominees before the start of the President’s
mandatory 90-day period to appoint is ministerial, but its selection of the candidates whose names
will be in the list to be submitted to the President lies within the discretion of the JBC. (De Castro v.
JBC, G.R. No. 191002, March 17, 2010)

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of
judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be
decreased.
Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to discharge the duties of
their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. Any Members who took no part,
or dissented, or abstained from a decision or resolution, must state the reason therefor. The same
requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis therefor.

Requirements for the decisions of the SC

1. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing of
the opinion of the Court.
2. A certification to this effect signed by the Chief Justice shall be issued.
3. A copy thereof shall be attached to the record of the case and served upon the parties.
4. Any Member who took no part, or dissented, or abstained from a decision or resolution, must
state the reason therefor (1987 Constitution, Art. VIII, Sec. 13)

NOTE: No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based (1987 Constitution, Art. VIII, Sec. 13).
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Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all
other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties. The certification shall state why a decision or resolution
has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the
Congress, submit to the President and the Congress an annual report on the operations and activities
of the Judiciary.