41. To whom is the judicial power vested?

Under the present Philippine constitution the judicial power is vested in one supreme court
as maybe established by law. (article VIII section 1)

42. What is judicial power under the 1987?

Judicial power includes the duty of the court 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 in excess of jurisdiction on the part of any branches
or instrumentalities of the government.

43. What are the limitations on the power of congress to make appropriation for judiciary?

Article VIII section 3 provides that appropriation 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.

Further, section 10 of the same article provides that during the continuance in office, the
salaries of chief justice and of the associate justice of the supreme court, and judges of lower courts
shall not be decreased by the congress

44. What is the limitation on the power of congress to reorganize the judiciary?

Section 2 article VIII of the phil. Constitution states that no law shall be passed reorginizing
the judiciary when it undermines the security of tenure of its members.

45. What are the powers of the Supreme Court?

The supreme court has 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 p
enalty 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 underprivileged. 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.

46. State the rule-making power of the supreme Court

Article VIII section 5 para. 5 states that the Supreme Court shall have the power to 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 underprivileged. 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.

47. What is the constitutional requirements for decisions rendered by the courts?

Section 14. Article VII states that do decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law on which it is based.

48. What is the function of the judicial bar council?

The judicial bar council shall have the principal function of recommending appointees to the
judiciary. It may exercise such other function and duties as the supreme court may assign to it.

49. Give the safeguards embodied in the constitution to ensure the independence of the judiciary?

The following are the safeguards to ensure the independence of the judiciary:

a. The grant to the Judiciary of 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.” (Art. VIII, Sec. 3).
b. The grant to the Chief Justice of authority to augment any item in the general appropriation
law for the Judiciary from savings in other items of said appropriation as authorized by law.
(Art. VI, Sec. 25[5])
c. The removal from Congress of the power to deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 of Article VIII.
d. The grant to the Court of the power to appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law (Art. VIII, Sec. 5 [6])
e. The removal from the Commission of Appointments of the power to confirm appointments of
justices and judges (Art. VIII, Sec. 8
f. The removal from Congress of the power to reduce the compensation or salaries of the
Justices and judges during their continuance in office. (Art. VIII, Sec. 10)
 g. The prohibition against the removal of judges through legislative reorganization by providing
that “(n)o law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its members. (Art. VIII, Sec. 2)
h. The grant of sole authority to the Supreme Court to order the temporary detail of judges. (Art.
VIII, Sec. 5[3])
I. The grant of sole authority to the Supreme Court to promulgate rules of procedure for the
courts. (Art. VIII, Sec. 5[5])

J. The prohibition against designating members of the Judiciary to any agency performing quasi-
judicial or administrative function. (Art. VIII, Sec. 12)

k. The grant of administrative supervision over the lower courts and its personnel in the Supreme
Court. (Art. VIII, Sec. 6)

l. The Supreme Court under the present Constitution is composed of a Chief Justice and 14
Associate Justices.

m. The members of the Court are appointed by the President from a list prepared by the Judicial and
Bar Council of at least three nominees for every vacancy. This new process is intended to “de-
politicize” the courts of justice, ensure the choice of competent judges, and fill existing vacancies
without undue delay.

SEPARATION OF POWERS/CHECK AND BALANCES

50. What are the ways by which the congress can check the execise of power by the president?

1. The congress, specially the commission on appointment, may confirm or rejects

president’s appointees except the vice president who is appoint by the president. this
is to inquire whether the appointee is highly competent to assume the office.
2. The congress can remove the president and vice president through impeachment
under exceptional circumstances

51. What are the ways by which the congress can check the exercise of power by the judidciary?
Explain briefly

1. The congress may check the exercise of the judiciary by power of impeachment. In
impeachment trials, the congress should follow the strictly follow the rules and fair
trial.
2. Further the congress is empowered to fix the salaries of justices of the supreme Court
subject to limitation provided by the constitution

52. What are the ways by which the president can check the exercise of power by the congress?
Explain briefly

The acts of legislative department have to be presented to the executive for approval or
disapproval. The president is vested with the power to veto bill or particular items in
appropriation bill.

53. What are the ways by which the president can check the exercise of power by the judiciary?
Explain briefly.
 The president empowreed by the constitution to appoint chief justice or members of the
supreme court upon the recommendation by the judicial bar coucil.

ARTICLE IX, CONSTITUTIONAL COMMISIONS

54. What are the constitutional commission?

The constitutional commission are the following : 1. the civil service commission; 2. the
commission on election; 3. the commission on audit.

55. What are the safeguards to ensure the independence of constitutional commission?

1. They are constitutionally created; may not be abolished by statute;

2. Each is expressly described as an independent;
3. Each is conferred certain powers and functions which cannot be reduced by statute;
4. The chairmen and members cannot be removed except by impeachment;
5. The chairman and members are given a fairly long term of office of 7 years;
6. The chairmen and members may not be reappointed or appointed in an acting capacity;
7. The salaries of the chairman and members are relatively high and may not be decreased
during continuance in office;
8. The commissions enjoys fiscal autonomy.

56. What are the powers of civil service commision

1. The Civil Service Commission, as the central personnel agency of the Government,
shall establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall
strengthen the merit and rewards system, integrate all human resources development
programs for all levels and ranks, and institutionalize a management climate
conducive to public accountability. It shall submit to the President and the Congress
an annual report on its personnel programs. (sec.3 art. IX)
2. The power to hear and decide administrative cases instituted before it directly or on
appeal, including the contested appointments
3. Original jurisdiction to hear and decide a complaint for cheating in the civil service
examinations committed by government employees
57. Who are the part of civil service?

The civil service commission embraces all branches, subdivisions, instrumentalities and
agencies of the government, including government-owned and controlled corporations.

58. What are the criteria for appointments in the civil service?

1. Pass the career executive service examination; 2. be conferred career executive

service eligibility; 3. comply with the other requirement prescibed by the CES board

59. What are the only valid causes for removal or suspension of employees or officers in the civil
service?

1. Violation of Civil Service Law

2. Valid abolition of office
 3. The right to recover the office within a period has prescribed
4. Removal for just cause
5. Dishonesty
6. Grave misconduct
7. corruption

60. Do government employees have the right to form unions? Why?

Yes. The constitution guarantees the right of the government employees to self-organization
(sec.2 para. 5 art. IX) however, governnment employees may not engage in strikes to demand changes
in the terms and condition of employment because the terms and conditions are provided by law.