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ARTICLE VIII.

Judicial Department

Guide Questions

What is judicial power?


Is judicial supremacy judicial superiority?
What is judicial review?
Do lower courts exercise the power of judicial review?
What are the requisites of judicial review?
How is judicial power distinguished from the power of judicial review?
What is a grave abuse of discretion?
What do we mean when we say an issue is ripe for adjudication?
What is not justiciable?
 PHILCONSA v Philippine Government
 Santiago, Jr. v Bautista

When does a party have standing to properly invoke the jurisdiction of the judiciary?
 Francisco v HOR
When is a matter of transcendental importance?
What branch of government can define and apportion the jurisdiction of courts?
What is the role of Congress in the judicial process?
What are the constitutional safeguards to secure judicial independence?
Does the judiciary enjoy fiscal autonomy?
When reorganizing the judiciary, what is constitutionally prohibited?
What is the original jurisdiction of the Supreme Court?
What is the appellate jurisdiction of the Supreme Court?
What are the requisites for increasing or altering the appellate jurisdiction of the Supreme
Court?
What is the composition of the Supreme Court?
What is the effect of a declaration of unconstitutionality or invalidity?
What is the operative fact doctrine?
What is the political question doctrine?
What is the doctrine of relative constitutionality?
What is the rule on hierarchy of courts?
How does the Supreme Court exercise its adjudicatory powers?
How are decisions of the Supreme Court reached?
Are court deliberations privileged communication?
Who is a ponente?
In what instances do Supreme Court decisions form part of the law of the land?
What cases must be heard by the Supreme Court en banc?
What is the rule on finality or immutability of judgment?
What are the constitutional parameters in rendering a decision?
What is the rule on memorandum decisions? On minute resolutions?
What are sin perjuicio judgments?

What is the rule-making power of the Supreme Court?


How do you distinguish a substantive law from a procedural law?
How has the Supreme Court implemented the provision to promulgate rules concerning
the protection and enforcement of constitutional rights?
What are the administrative powers of the Supreme Court?
What are the requisites to order a change of venue in a trial?
What is an integrated bar?
What is the rationale for vesting the power to discipline members of the Bar in the
Supreme Court?
Who informs the other great branches of the government of the operations and activities
of the Judiciary?
What are the qualifications of a justice/judge?
Who prescribes the qualifications of a justice/judge?
How are justices/judges appointed?
What is the function of the JBC? What is its composition?
Who appoints justices/judges?
How are SC justices removed?
How are other justices/judges removed?
What is the rule regarding the salaries of justices/judges?
Are the salaries for justices/judges subject to income tax?
Do justices/judges exclusively exercise judicial functions? Can they be designated to
government agencies?
What is the retirement age for a justice/judge? (End)

ARTICLE VI. The Legislative Department

Guide Questions

What is legislative power?


How can legislative power be classified?
What bodies exercise legislative power?
What are the requisites of a valid ordinance?
What is the people’s initiative? And what are the 3 types of initiative?
What are the substantive and procedural limitations on legislative power?
What is the principle of non-delegability?
What are the 5 exceptions to non-delegability?

What is the composition of the Senate? Of the HOR?


What is the term of office of a Senator? What is his term limit?
What is the term of office of a Congressman? What is his term limit?
How do you distinguish term v tenure?
What are the qualifications of:
 Senators
 District Congressmen
 Party-list Congressmen/PLCs?
Who has the power to create a legislative district/LD?
What are the constitutional requisites to create a LD?
What is gerrymandering?
What is reapportionment?
Who has the power to create a LGU?
How do you calculate the number of seats available to PLCs?
How are these seats allocated?
What constitutional principles govern PLCs?
What party-list organizations/PLOs cannot be registered?
How are vacancies in Congress filled?
How do we distinguish district v PLCs?
What are the privileges of Members of Congress?
What are the inhibitions of Members of Congress?
What are disqualifications of Members of Congress?
When does Congress convene?
What is a compulsory recess?
When constitutes a quorum of each House of Congress?
In what instances does Congress vote separately?
How does Congress discipline its members?
What is preventive suspension?
Is a preventive suspension an interruption of a term?
Does the Sandiganbayan have the power to suspend a Member of Congress?
What bills must originate from the Lower House?
What are the general limitations of a bill?
How many readings must a law undergo?
What is the bicameral conference committee?
What is a Presidential veto? How many kinds of vetoes are there?
Can Congress override a veto?
What is executive impoundment?
What is a rider?
Can the judiciary override how Congress implements its rules?
What is the Journal?
What is the enrolled bill? And what is the enrolled bill doctrine?
What is the rule regarding the Journal and the enrolled bill?
What is an Electoral Tribunal?
What is the composition of an Electoral Tribunal?
What are the power of each Electoral Tribunal?
Does the HRET have jurisdiction over pre-proclamation controversies/PPCs?
What is an election contest?
When can an Electoral Tribunal annul an election?
Do ETs have rule-making power?
What is the Commission on Appointments/CONA?
What is the composition of the CONA?
What is the jurisdiction of the CONA?
How does the CONA function?
What are the legislative powers of Congress?
What are the non-legislative powers of Congress?
What is the power of legislative inquiry?
What powers are included in the power of legislative inquiry?
What are the 3 limitations on the power of legislative inquiry?
What is the nature and purpose of the power of legislative inquiry?
Does Congress and its bodies have contempt power?
How long can a person be detained by Congress?
What is the Question Hour?
Under what conditions may Department Heads appear before Congress?
How do we differentiate a Question Hour v the power of legislative inquiry? (End)

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