ARTICLE VIII – JUDICIAL DEPARTMENT 21.
A prior enabling legislation is necessary for
1. Define judicial power.
2. What is the scope of the judicial power of
courts?
3. Is there a need for enabling legislation for
the proper exercise of judicial power?
Explain.
4. Explain the concept of expanded or
broadened scope of judicial power.
5. Explain “political question doctrine.”
6. Define “locus standi” and distinguish it from
real party-in-interest.
7. Explain the instances when the following
are applicable: (a) suing as a citizen; (b)
suing as a taxpayer; (c) suing as a legislator;
and, (d) class suits filed in behalf of all
citizens.
8. When is a case considered “ripe for
adjudication?” And, incidentally, when is a
case considered “premature?”
9. What is “lis mota?” Explain.
10. Explain the rules on statutory construction.
Or, how laws are to be interpreted by the
courts?
11. True or False. Rulings of the Court of
Appeals are considered to be judicial
decisions and form part of the legal system.
12. When is a case considered moot and
academic?
13. Explain the concept “Supreme Court as the
court of last resort.”
14. Explain the doctrine of precedent or “stare
decisis” and distinguish it from: (a) “law of
the case; and, (b) res judicata.
15. Discuss the principle of hierarchy of courts.
16. Discuss the organization of the Philippine
courts.
17. What is a court? A judge? Distinguish one
from the other.
18. Explain the (a) importance and (b)
independence of the judiciary.
19. What is jurisdiction? What are the types of
jurisdiction?
20. Explain the doctrine of judicial stability or
non-interference.
the proper exercise of judicial power. What
are the limitations?
22. Explain the concept of fiscal autonomy in
the context of the judiciary.
23. Discuss the composition of the Supreme
Court.
24. Enumerate the cases to be heard or decided
en banc and the corresponding vote
requirement.
25. True or False. Both cases and matters
(including motions) are to be “decided.”
26. What is an executive agreement? How does
this differ from treaty? What are the classes
of executive agreements?
27. What is power of judicial review? Explain
the basis, necessity and nature of this
power.
28. What are the requisites for the exercise of
the power of judicial review?
29. Define “real party-in-interest” Sec 2, Rule 3
of the ROC.
30. What are the exceptions to the rule on legal
standing?
31. Enumerate the instructive guidesin
determining whether a matter is of
transcendental importance.
32. Discuss the rule on the invocation of
constitutional question.
33. What are the limitations on cases involving
the law, treaty, presidential decree?
34. Discuss the criteria of constitutionality.
35. Explain (a) overbreadth doctrine; and (b)
void-for-vagueness doctrine.
36. Explain the rules on partial
unconstitutionality.
37. Explain the two views on statute or
executive act subsequently declared invalid.
38. Explain the operative fact doctrine.
39. Explain (a) justiciable question; and, (b)
political question. Cite examples for both.
40. What is the role of the Supreme Court in
the exercise of the President’s military
power?
41. Discuss the following (all relating to the SC):
a. Original jurisdiction
b. Appellate jurisdiction
c. Administrative or quasi-executive
 d. Rule-making or quasi legislative 57. Corollary to the previous question, what
e. Administrative power requirements are considered constitutional?
42. What is certiorari? Prohibition? Mandamus? Statutory?
Quo warranto? 58. Discuss the process of appointment of
43. True or False. The Supreme Court’s original members of the Supreme Court and judges
jurisdiction to issue writs of certiorari, of lower court.
prohibition, mandamus is shared with the 59. Enumerate the regular members of the
Court of Appeals and the Regional Trial Judicial and Bar Council.
Courts. 60. Discuss the rules on compensation of
44. Explain the following: members of the judiciary.
a. Judgment deemed final 61. Discuss (in the context of members of the
b. Final order Supreme Court):
c. Interlocutory order a. Termination of right to hold office
d. Judgment deemed final and b. Abolition of office
executory c. Removal from office
45. Explain the following: 62. Discuss the rules on disciplining or dismissal
a. Question of law of judges of lower courts.
b. Question of fact 63. Discuss the procedure in rendering
46. Discuss: decisions by collegiate courts.
a. Ordinary appeal or appeal by writ of 64. What is a per curiam decision?
error 65. What is “decision?” (in the context of
b. Certiorari petition under Rule 45 of judiciary)
the ROC 66. Discuss the form of decision of court.
c. Review under Rule 65 67. What are the essential parts of a decision or
47. Discuss the rules on the assignment of order?
judges of lower courts to other stations. 68. What is Memorandum Decision?
What is a station? 69. Discuss the rules on statement of legal basis
48. True or False. The Secretary of Justice can of denial of petition or motion. What are
order a change of venue or place of trial the instances when the rule is not
whenever the imperative of securing a fair applicable?
and impartial trial or of preventing a 70. Discuss the rules on the discretion of the
miscarriage of justice so demands. Supreme Court on how its judgment shall
49. What is a pleading? be framed.
50. What is “practice of law?” What are the 71. State the maximum periods for rendition of
principal types of professional activity a decisions.
practicing lawyer may engage? 72. Define:
51. When is a person said to be admitted to the a. Pleadings
Bar or is a member of the Bar? b. Brief
52. What is the Integrated Bar? What are its c. Memorandum
general purposes? 73. Define promulgation.
53. Explain the limitations to the rule-making 74. State the rules on promulgation of
power of the Supreme Court. decisions.
54. Distinguish between substantive law and 75. What is “sin perjuicio judgment?”
adjective/procedural/remedial law. 76. True or False. The SC shall within 30 days
55. What are the qualifications for members of from opening of each regular election of the
the Supreme Court? members of Congress submit to the
56. What are the qualifications for judges of President an annual report on operations
lower courts? and activities of the Judiciary.
 FREQUENTLY CITED CASES

1. Tolentino vs Secretary of Finance

2. Echegaray vs Secretary of Justice
3. David vs Macapagal-Arroyo
4. Lopez vs Roxas
5. Santiago vs Guingona, Jr.
6. Francisco, Jr. vs House of Representatives
7. Estrada vs Sandiganbayan
8. Garcia vs Executive Secretary
9. Belgica vs Ochoa
10. Pomento vs Estrada
11. Abbas vs COMELEC
12. Tolentino vs COMELEC