Professional Documents
Culture Documents
● The Supreme Court shall have administrative supervision over all courts and
their personnel;
● Supreme Court personnel are covered under civil service laws but the main
➔ Pursuant to the principle of separation of powers, the judicial branch of the administrative body overseeing them shall be the Supreme Court
government should be independent of the two other main branches of the ● Appointments to the Supreme Court and the lower courts shall NOT be
government subject to confirmation by the Commission on Appointments
● No law shall be passed reorganizing the judiciary when it undermines the
COMPOSITION OF THE SUPREME COURT security of tenure of its members
a. One Chief Justice
b. Fourteen Associate Justices EN BANC CASES (Sec. 4 [2,3], Art. VIII; Sec. 4 [7], Art. VII)
a. All cases involving the constitutionality of a treaty, international or executive
The Supreme Court decides cases as a collegial body, either en banc or as a agreement, or law;
division: b. All other cases which under the Rules of Court are required to be heard en
● En banc - all 15 members will deliberate and decide on the cases banc;
● Division - court divides its members into 3, 5, or 7 divisions c. Those involving the constitutionality, application, or operation of presidential
The majority rule is followed when making decisions. If in a division a majority decrees, proclamations, orders, instructions, ordinances, and other
cannot be reached, the case will be referred to the Supreme Court en banc. regulations;
d. Cases heard by the division when the required number is not obtained;
e. Cases where the Supreme Court modifies or reverses a doctrine a principle
- Any vacancy in the Supreme Court must be filled within ninety (90) days of law laid down by the SC en banc or in a division;
from occurrence thereof f. Cases involving the discipline or dismissal of judges of the lower court;
- Members of the Supreme Court, as well as judges of the lower courts, are g. When the Supreme Court sits as the sole judge of all contests relating to
appointed by the President from a shortlist of three nominees prepared the election, returns, and qualifications of the President or Vice- President
and presented by the Judicial and Bar Council (JBC). The President can
only choose among the JBC nominees. This is applicable in all courts in En banc cases under Firestone Ceramics Inc. vs. Court of Appeals (June 28,
the Philippines, including the Sharia courts. 2000)
a. Cases in which the constitutionality or validity of any treaty, international or
QUALIFICATIONS FOR SUPREME COURT JUSTICES executive agreement, law, executive order, or presidential decree,
a. Natural-born Filipino citizen; proclamation, order, instruction, ordinance, or regulation is in question;
b. At least 40 years of age; b. Criminal cases in which the appealed decision imposes the death penalty;
c. Must have been for fifteen years or more a judge of a lower court or ➔ Automatic review even in the absence of a notice of appeal
engaged in the practice of law in the Philippines; c. Cases raising novel questions of law;
- “Practice of law” - not limited to actual appearances in court; it is any d. Cases affecting ambassadors, other public ministers and consuls;
activity which requires or calls for the application of legal knowledge e. Cases involving decisions, resolutions or orders of the Civil Service
d. Must be a person of proven competence, integrity, probity, and Commission, Commission on Elections, and Commission on Audit;
independence. f. Cases where the penalty to be imposed is the dismissal of a judge, officer
or employee of the judiciary, disbarment of a lawyer, or either the
➔ Congress may prescribe additional requirements for lower court judges, suspension of any of them for a period of more than one (1) year or a fine
without violating the independence of the judiciary. For members of the exceeding P10,000.00 or both;
Supreme Court, it will be the Constitution itself which would prescribe the ➔ Quantum of evidence:
qualifications of a would-be nominee. ◆ Disbarment of a lawyer - substantial evidence
◆ To be appointed as an MTC judge, a person must have been ◆ Expulsion of a judge - proof beyond reasonable doubt
engaged in the practice of law for at least five (5) years; ◆ The IBP can investigate a lawyer but cannot impose a penalty. It
◆ To be appointed as an RTC judge, a person must have been can only recommend a penalty, but it is the Supreme Court who
engaged in the practice of law for at least ten (10) years; has the final say on and can impose the penalty
g. Cases where a doctrine or principle laid down by the court en banc or in
BASIC RULES division may be modified or reversed;
● Justices of the Supreme Court may only be removed through impeachment; h. Cases assigned to a division which in the opinion of at least three (3)
● Retirement age for members of the judiciary is 70 years old; members thereof merit the attention of the court en banc and are
● The Supreme Court en banc has the sole power to discipline, suspend, and acceptable to a majority of the actual membership of the court en banc; and
expel judges of lower courts;
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i. All other cases as the court en banc by a majority of its actual membership
may deem of sufficient importance to merit its attention. dispatch that their needs require. It recognizes the power and authority to
levy, assess and collect fees, fix rates of compensation not exceeding
● All cases not enumerated can be decided by a division the highest rates authorized by law for compensation and pay plans of
● Only those who actually took part in the deliberations can vote in the the government and allocate and disburse such sums as may be
resolution of a case provided by law or prescribed by them in the course of the discharge of
their functions.
SAFEGUARDS OF JUDICIAL INDEPENDENCE
● Judiciary Development Fund - not subject to control by Congress, but
1. The Members of the Supreme Court and judges of lower courts shall hold subject to audit of the Commission on Audit
office during good behavior until they reached the age of seventy years or ○ Docket fees go to this fund
become incapacitated to discharge the duties of their office (Sec. 11, Art.
VIII); DISCIPLINARY POWERS
2. 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 CIVIL SERVICE COMMISSION VS. ANDAL
released (Sec. 3, Art. VIII); December 16, 2009
3. Members of the Supreme Court may only be removed through
impeachment (Sec. 2, Art. XI); A court employee falsified his civil service examination. The CSC has no
4. Appellate jurisdiction of the Supreme Court cannot be increased without its disciplinary jurisdiction to try and decide administrative cases against the court
advice and concurrence (Sec. 30, Art. VI); personnel. The Supreme Court shall have administrative supervision over all
5. The Congress may not deprive the Supreme Court of its jurisdiction over courts and the personnel thereof. By virtue of this power, it is only the Supreme
cases enumerated in Sec. 5, Art. VIII (Sec. 2 [1], Art. VIII); Court that can oversee the judges’ and court personnel’s administrative
6. No law shall be passed reorganizing the Judiciary when it undermines the compliance with all laws, rules and regulations. No other branch of government
security of tenure of its Members (Sec. 2 [2], Art. VIII); may intrude into this power, without running afoul of the doctrine of separation of
7. Appointments by the President to the Supreme Court and the lower courts powers. in case of violation of the Civil Service Law by a court personnel, the
need no confirmation (Sec. 9[1], Art. VIII); standard procedure is for the CSC to bring its complaint against a judicial
8. The Members of the Supreme Court and of other courts established by law employee before the Office of the Court Administrator of the Supreme Court.
shall not be designated to any agency performing quasi-judicial or
administrative functions (Sec. 12, Art. VIII); ● The Ombudsman can investigate a judge but subject to the referral of its
➔ Except: membership in the JBC findings to the Office of the Court Administrator
9. 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 JUDICIAL RESTRAINT
who actually took part in the deliberations on the issues in the case and Doctrine of Purposeful Hesitation
voted thereon (Sec. 11, Art. VIII); ➔ Founded on separation of powers
10. The Supreme Court shall have administrative supervision over all courts and ➔ Charges every court, including the Supreme Court, with the duty of
the personnel thereof (Sec. 6, Art. VIII). purposeful hesitation before declaring a law unconstitutional on the
theory that a law was carefully studied first by the executive or legislative
FISCAL AUTONOMY ➔ It is incumbent upon the court to harmonize first the law with the
constitution before declaring unconstitutionality
BENGSON VS. DRILON ➔ Declaring unconstitutionality is the last resort; only in extreme cases should
April 15, 1992 this be done
“Fiscal autonomy” as applied to the Supreme Court and other independent ORIGINAL AND APPELLATE JURISDICTION OF THE SUPREME COURT
Constitutional Commissions: Original jurisdiction over:
➔ Fiscal autonomy means freedom from outside control. 1. Cases affecting ambassadors, other public ministers and consuls, and over
➔ The fiscal autonomy enjoyed by the Judiciary, the Civil Service petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
Commission, the Commission on Audit, the Commission on Elections, corpus;
and the Office of the Ombudsman contemplates a guarantee on full 2. Cases over petitions for certiorari, prohibition, mandamus, quo warranto,
flexibility to allocate and utilize their resources with the wisdom and and habeas corpus.
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iii. A representative of Congress
Appellate jurisdiction over: b. Regular members
1. All cases in which the constitutionality or validity of any treaty, international i. Representative of the Integrated Bar of the Philippines;
or executive agreement, law, presidential decree, proclamation, order, ii. Professor of law;
instruction, ordinance, or regulation is in question; iii. Retired Supreme Court Justice;
2. All cases involving the legality of any tax, impost, assessment, or toll, or any iv. Representative of the private sector
penalty imposed in relation thereto;
3. All cases in which the jurisdiction of any lower court is in issue; ● The Clerk of Court of the SC shall be the ex-officio secretary of the JBC
4. All criminal cases in which the penalty imposed is reclusion perpetua or ● Ex-officio members require the confirmation of the Commission on
higher; Appointments
5. All cases in which only an error or question of law is involved. ● Regular members need no confirmation from the COA
JUDICIAL POWER
Sec. 1, Art. VIII CHAVEZ VS. JUDICIAL AND BAR COUNCIL
TRADITIONAL CONCEPT: Judicial power includes the duty of the courts of justice April 16, 2013
to settle actual controversies involving rights which are legally demandable and
enforceable In 1994, instead of having only 7 members, an eighth member was added to the
EXPANDED CONCEPT:, To determine whether or not there has been a grave abuse JBC as two representatives from Congress began sitting in the JBC – one from
of discretion amounting to lack or excess of jurisdiction on the part of any branch or the House of Representatives and one from the Senate, with each having one-half
instrumentality of the Government. (1/2) of a vote. In 2000, the JBC allowed the representatives from the Senate and
the House of Representatives one full vote each. Senator Francis Joseph G.
Judicial Review Escudero and Congressman Niel C. Tupas, Jr. simultaneously sat in the JBC as
➔ Ultimate power of the Supreme Court to interpret the constitutionality of an representatives of the legislature. Petitioner questioned the constitutionality of this
act as implied under Sec. 5(2), Art. VIII practice. The Supreme Court held that Sec. 8 (1), Art. VIII is clear and
● Can a lower court declare an act or law unconstitutional? unambiguous. The use of the singular letter “a” preceding “representative of
○ Yes. While lower courts should observe a becoming modesty in Congress” is unequivocal and leaves no room for any other construction. It is
examining constitutional questions, they are nonetheless not indicative of what the members of the Constitutional Commission had in mind,
prevented from resolving the same whenever warranted, subject that is, Congress may designate only one representative to the JBC. Had it been
only to review by the highest tribunal. The Supreme Court has the intention that more than one representative from the legislature would sit in the
jurisdiction under the Constitution to "review, revise, reverse, JBC, the Framers could have, in no uncertain terms, so provided. One of the
modify or affirm on appeal or certiorari, as the law or rules of court primary and basic rules in statutory construction is that where the words of a
may provide," final judgments and orders of lower courts in, statute are clear, plain, and free from ambiguity, it must be given its literal
among others, all cases involving the constitutionality of certain meaning and applied without attempted interpretation.
measures. This simply means that the resolution of such cases
may be made in the first instance by these lower courts (Ynot v. The respondents insist that owing to the bicameral nature of Congress, the word
IAC, March 20, 1987) “Congress” in Section 8(1), Article VIII of the Constitution should be read as
○ This declaration of unconstitutionality is only binding among including both the Senate and the House of Representatives. It is evident that the
the party-litigants themselves. definition of “Congress” as a bicameral body refers to its primary function in
government – to legislate. This, however, cannot be said in the case of JBC
JUDICIAL AND BAR COUNCIL representation because no liaison between the two houses exists in the workings
Function of the JBC. Hence, the term “Congress” must be taken to mean the entire
➔ To recommend to the President appointees to the judiciary from a list of legislative department.
three nominees
➔ Although an independent body, the JBC is under the direct supervision of Doctrine of operative fact: An unconstitutional act is not a law; it confers no
the Supreme Court rights; it imposes no duties; it affords no protection; it creates no office; it is
inoperative as if it has not been passed at all. This rule, however, is not absolute.
Composition Under the doctrine of operative facts, actions previous to the declaration of
1. Total of seven (7) members unconstitutionality are legally recognized. They are not nullified. Under the
a. Ex-officio members circumstances, the Court finds the exception applicable in this case and holds
i. Chief Justice of the Supreme Court; that notwithstanding its finding of unconstitutionality in the current composition of
ii. Secretary of Justice; the JBC, all its prior official actions are nonetheless valid.
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provided the qualifications of members of the judiciary, this does not preclude the
JARDELEZA VS. SERENO JBC from having its own set of rules and procedures and providing policies to
April 14, 2014 effectively ensure its mandate. The Constitution did not lay down in precise terms
the process that the JBC shall follow in determining applicants’ qualifications. In
Jardeleza was included in the list of candidates to replace the retiring Justice carrying out its main function, the JBC has the authority to set the
Abad. However, he was informed that the Chief Justice herself – CJ Sereno, will standards/criteria in choosing its nominees for every vacancy in the
be invoking Sec 2, Rule 10 of JBC-009 or the so-called “unanimity rule” against judiciary, subject only to the minimum qualifications required by the
him. Generally, the rule is that an applicant is included in the shortlist when s/he Constitution and law for every position.
obtains affirmative vote of at least a majority of all the members of the JBC. When
Section 2, Rule 10 of JBC-009, however, is invoked because an applicant’s
RULE-MAKING POWER
integrity as a persona and as a professional is challenged, a unanimous vote
is required. In a letter-petition, Jardeleza asked the SC to exercise its supervisory
The Supreme Court can promulgate rules concerning:
power and direct the JBC to give him a written notice and sworn written
1. The protection and enforcement of constitutional rights;
statements of his oppositors or any documents in the JBC hearings, and to
2. Pleading, practice, and procedure in all courts;
disallow CJ Sereno from participating in the voting process for nominees on June
3. Admission to the practice of law;
30, 2014. During the June 30, 2014 meeting of the JBC, Justice Carpio appeared
4. The Integrated Bar;
and disclosed a confidential information which, to CJ Sereno, characterized
5. Legal assistance to the underprivileged;
Jardeleza’s integrity as dubious. Jardeleza demanded that CJ Sereno execute a
6. kjjk
sworn statement specifying her objections and that he be afforded the right to
Limitations on the SC’s rulemaking power:
cross-examine her in a public hearing. He also requested deferment of the JBC
1. Shall be simplified and inexpensive procedure for the speedy disposition of
proceedings, as the SC en banc has yet to decide in his letter-petition. However,
cases;
the JBC continued its deliberations and proceeded to vote for the nominees to be
2. Shall be uniform for all courts of the same grade; and
included in the shortlist. Thereafter, the JBC released the shortlist of 4 nominees.
3. Shall not diminish, increase, or modify substantive rights
It was revealed later that there were actually 5 nominees who made it to the JBC
shortlist, but 1 nominee could not be included because of the invocation of the
“unanimity rule”. ESTIPONA JR. VS. PEOPLE
August 15, 2017
The Supreme Court held that even before the JBC, the right to due process
may be invoked. While it is true that the JBC proceedings are sui generis, it does Section 23 of the Comprehensive Dangerous Drugs Act or RA 9165 prohibits plea
not mean that an applicant’s access to the rights afforded under the due process bargaining in all violations of said law. Estipona Jr. questioned the constitutionality
clause is discretionary on the part of JBC. Notwithstanding being “a class of its of Sec. 23. The Supreme Court invalidated such provision, holding that it violates
own,” the right to be heard and to explain one’s self is availing. This holding is the equal protection clause, because other heinous crimes are subject to plea
not an encroachment on its discretion in the nomination process. Actually, its bargaining while violation of the RA 9165 is not. Moreover, the rule-making
adherence to the precepts of due process supports and enriches the exercise of authority of the Supreme Court under Section 5 (5), Article VIII of the 1987
its discretion. When an applicant, who vehemently denies the truth of the Constitution is also violated by the subject provision. Only the Supreme Court can
objections, is afforded the chance to protest, the JBC is presented with a clearer impose rules on procedure, not the legislature.
understanding of the situation it faces, thereby guarding the body from making an
unsound and capricious assessment of information brought before it.
JUDICIAL CLEMENCY
VILLANUEVA VS. JUDICIAL AND BAR COUNCIL CONCERNED LAWYERS OF BULACAN VS. JUDGE VILLALON-PORNILLOS
April 7, 2015 February 14, 2017
After about a year from being appointed as a MCTC judge, Judge Villanueva In 2009, the Court dismissed Judge Pornillos from service, after having been
applied for the vacant position of presiding judge in some RTC branches. The found guilty of gross misconduct, i.e., borrowing money from a lawyer in a case
JBC however informed him that he was not included in the list of candidates for pending before her court, aggravated by undue delay in rendering decisions or
such position because the JBC’s long-standing policy requires 5 years of service orders, and violation of Supreme Court rules, directives, and circulars. In 2016,
as judge of first-level courts before one can apply as judge for second-level she applied for judicial clemency. Judicial clemency is an act of mercy
courts. Judge Villanueva assailed the constitutionality of this policy. The Supreme removing any disqualification from the erring judge. It can be granted only if
Court held that this policy requirement is valid. While the 1987 Constitution has
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there is a showing that it is merited; thus, proof of reformation and a showing
of potential and promise are indispensable.
In this case, records are bereft of bowing that respondent has exhibited remorse
for her past misdeeds, which occurred more than eight (8) years ago. Apart from
respondent's submission to the Court's disciplinary authority, there were no signs
of repentance showing that at the very least, she accepted the judgment of the
Court in her case. In fact, she even sees nothing wrong with her actions.
Requirements for grant of judicial clemency:
1. There must be proof of remorse and reformation. These shall include but
should not be limited to certifications or testimonials of the officer(s) or
chapter(s) of the Integrated Bar of the Philippines, judges or judges
associations and prominent members of the community with proven
integrity and probity. A subsequent finding of guilt in an administrative
case for the same or similar misconduct will give rise to a strong
presumption of non-reformation;
2. Sufficient time must have lapsed from the imposition of the penalty to
ensure a period of reformation;
3. The age of the person asking for clemency must show that he still has
productive years ahead of him that can be put to good use by giving him
a chance to redeem himself;
4. There must be a showing of promise (such as intellectual aptitude,
learning or legal acumen or contribution to legal scholarship and the
development of the legal system or administrative and other relevant
skills), as well as potential for public service;
5. There must be other relevant factors and circumstances that may justify
clemency.
● A presidential pardon will not automatically reinstate an expelled judge to
his/her former position. Reinstatement will require judicial clemency.
Presidential pardon/clemency is different from judicial clemency. To
automatically reinstate a pardoned judge will violate separation of powers. It
is the sole prerogative of the Supreme Court to readmit disbarred lawyers
or reinstate dismissed judges.
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