November 30 Consti Law Notes

- Independence of the judiciary

o Administration of justice is commonly portrayed by Lady Justice
 Blindfold: Independence: Set aside bias and prejudice; be objective, not subjective
 ICC issue: if the SC is dominated by justices who are appointed by Duterte and are seen as indebted to
him for their position, expect them not be objective
 The moment they do that, they will destroy the institution
 Objectivity and independence: Appointment of Sereno was made by PNoy; When she voted against PNoy
in the PDAF issue.
o Even when she did that, upon her request to increase the budget of the judiciary, PNoy still approved
it
 Weaponizing the SC appoints justice in a specific manner
o Marcos appointed people in the SC whom he knows he can control
 Lots of “political question” decisions and hands-off approach to cases
 “That’s beyond our capacity to decide”
 CJ Enrique Fernando was caught holding an umbrella for former First Lady Marcos in an event
sponsored and attended in Malacañang

Provisions in the Constitution increasing the independence of the judiciary

- Presidential appointments of Judiciary members no longer need the approval of the CA
o The Judicial and Bar Council vets or screens out the nominees for the Judiciary
o Every vacancy of the Judiciary is filled up by the President upon 3 (per vacancy) nominees prepared by the
JBC
 Primary mandate is to prepare the shortlist from which the President may choose nominees from through
a vetting process
 Wisdom of the JBC?
 Appointments of the Judiciary, if gone through the CA confirmation, will make the positions in the
judiciary unnecessarily political
 The members of the Judiciary would be indebted to the members of the CA and the President instead
 A non-lawyer was appointed as judge in the MTC of Benguet that was confirmed by the CA in that
position
o SC appoints officials and employees in accordance with the Civil Service Law
o Salary of SC and lower court officials are fixed by law and not be decreased during their continuance in office
o Members of the SC and judges of lower courts shall hold office during good behavior until they reach the age
of 70 years or become incapacitated to discharge the duties of their office
 US: No retirement age once appointed
o The SC has 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… (powerpoint) (en banc) (Sec. 2 Art. VIII)
 Censure: No promotion
 Judges used to be untouchable before
 “Hoodlums in robes”
 Extends to personnel
 From the top to the lowest; file a complaint before the SC since only the SC has disciplinary power of the
personnel
 Ombudsman only forwards the complaints to the SC
o “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.” (Section 3, Article VIII)
 Other constitutional agencies that enjoy fiscal autonomy
 What is fiscal autonomy?
  A guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that
their needs require. It recognizes the power and authority to levy, 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 them in the
course of the discharge of their functions. (Bengzon v. Drilon, G.R. No. 103524, 15 April 1992 [208 SCRA
133])
 Agencies with no fiscal autonomy takes the collections to the National Treasury so that the central
government will decide how the funds collected, not the agency (that collected the money)
 Judiciary Development Fund; Special Allowances for Judges;
 The prosecutor’s office is under the DOJ and they do not enjoy fiscal autonomy
 The COMELEC usually gets their budget reduced during non-election years, otherwise, it is increased
 The Judiciary cannot have their budget be lowered by the legislature

Judicial and Bar Council

- Members:
o Ex-officio members
 Chairman: Chief Justice
 Secretary of Justice
 Representative from the Congress
 Clerk of the Supreme Court: Ex-officio secretary
o Regular members: Appointed for 4 years, subject to confirmation of the CA
 A professor of law
 Representative from the integrated bar;
 Retired member of the Supreme Court
 Representative from the private sector
o After the impeachment of Corona
 Chavez argued that the Congress should only one representative not 2 (1 from Senate and 1 from HoR)
 SC ruled that indeed only 1 representative from the Congress because the members already consist of 1
representative per department; having 2 representatives for Congress is tantamount to giving Congress
special treatment
 2 representatives from Congress (1 from Senate and 1 from HoR) still is practiced, but the practice means
that they are to vote in an alternate basis, meaning Congress can only give 1 vote, not two
- Vacancy in the SB: GMA was rumored that she had a bet
o JBC submitted a list that GMA’s bet wasn’t included; she returned the shortlist; JBC returned the same list
o No longer the case now; the JBC now includes members who are “submissive”

How do you measure proven competence, integrity, probity, and independence?

- The JBC will look at your track record for competence (includes grades from law school)
- The JBC will look at your SALN for integrity
o Sereno’s “issue”; it was “missing” despite her filing it
- The JBC will look at the feedback of the public for records of the applicant
o When you see a person applying for a position in the Judiciary who you think doesn’t deserve the position,
the JBC receives anonymous reports or complaints that they look into for their assessment

Vacancies in the Judiciary

- SC: within 90 days since the vacancy, the President shall appoint
- Lower courts: within 90 days since the vacancy, it will be filled up from the submission of list of nominees
- Aguinaldo v Aquino, G.R. No. 224302
o PNoy appointed nominees into vacancies from one shortlist instead of the shortlist of this 1 vacancy.
o Question: Is there a valid appointment. Ruling: Yes. The President appointed FROM a shortlist. The JBC was
not undermined since they shortlisted only the qualified nominees.
En banc cases
- All cases that are en banc means all 15 justices are present
- “Divisions” literally means the 15 justices are divided into groups (divisible)
o Two divisions? The CJ is spared from deciding, usually
- All cases involving the constitutionality of a treaty, international or executive agreement, or law;
o Only the SC can declare a law unconstitutional by virtue of courtesy to the other branches of the government
o Those involving the constitutionality, application or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations;
o All other cases which, under the Rules of Court, are required to be heard en banc;
 When a case or matter is heard in a division but the required number of vote (i.e., majority of the members
who actually took part in the deliberations on the issue in the case and voted thereon) is not obtained;
 Criminal cases are tried by the RTC. When the CA decides, it can be appealed further to the SC. Since
there are a multitude of same cases forwarded to the SC, the SC becomes divided into divisions…
 When the case or matter involves modification or reversal of a doctrine or principle of law laid down by the
court in a decision rendered en banc or in division.
 Decisions of the SC become part of the law of the land; when they need to reverse or modify a doctrine,
they must be done only by en banc
 Psychological incapacity is not a medical concept but a legal concept
- Quorum in the Supreme Court
o It is a collegial body, so it must be required a quorum. But there is no quorum in the constitution for the SC.
o A decision is validly in quorum when the division has 3 members. The quorum is at least 3 when in division;
for en banc decisions, there are no provisions to what constitutes a quorum. Ruling: Every time the SC
decides en banc, it is the majority those of who are present during the case is needed.
 14 justices, but one is absent on official leave, 2 are on official business, 2 are absentees. The majority
needed is of 9, which is 5.
 If a justice is present in the deliberations but absent on the day of decisions, they can submit their vote for
the decision

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.” (Section 1,
Article VIII)
o 2 parts:
 Traditional definition of JP: Duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable.
 The usual concept of JP
 Expanded certiorari jurisdiction: 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
 Madison case: Courts’ role can only adjudicate cases; Ruling: The Court can now do expanded certiorari
jurisdiction (not in the US Constitution)
o The Philippines has constitutionalized this jurisprudence
- Traditional judicial power
o The original and appellate jurisdiction of the Court
- Expanded certiorari jurisdiction
o Judicial review
o Moderating power of the Courts to determine the limits of power of the agencies and offices of the gov. as
well as those of its officers
o This authorizes the courts to rule on the validity/constitutionality of legislative and executive departments
when they find that the latter has committed grave abuse of discretion amounting to lack or excess of
jurisdiction
o The chief, if not the only medium of participation of the judiciary in the system of checks and balances
  The Congress is powerful because they have the power of the purse
 The President is powerful because he has the power of the sword
 The Court is powerful because it can weaponize itself to counter the powers of the Congress and President
o May be exercised in instances where the other two departments of government used to invoke the political
question doctrine
 It can limit political question doctrine
 What is PQD? It is a question that connotes a question of policy
 It pertains to those questions which, under the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative
or executive branch of the government. It is concerned with issues dependent upon the wisdom, not
legality of a particular measure.
o When Marcos declared martial law, the SC said it is a political question doctrine was abused and the
most convenient excuse not to meddle with the political endeavors of the state
 SC could have done to prevent this during that time
 Courts cannot totally set aside political questions
 The Congress passed the ROTC law. Can anyone question the validity of that law to the SC? Does
that only involve only the wisdom of the Congress? Yes! Is it a political question? No, because
we would be questioning the use of the appropriations power of the Congress.
 Even the urgency of the passage of a bill can be reviewed by the SC by assessing the grounds of
the President to declare its urgency
o The rule is tantamount to grave abuse of discretion amounting to lack or excess of jurisdiction
 The SC can now entertain cases or petitions that question actions of other government agencies.

Auxiliary administrative powers

- 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;
o Abused a lot and constantly
o SC assigns judges a lot without the consent of the judges
- Order a change of venue or place of trial to avoid a miscarriage of justice;
o CrimPro: Venue is jurisdictional; the place where the crime is committed is where the venue is determined
 Crime done in NV can only be filed in courts in NV.
 When filed outside NV, it will be dismissed.
 When done on transport, the jurisdiction is determined where ever the route coincides with jurisdictions of
courts, upon the choice of the prosecutor
 The SC can transfer the venue where ever the case was filed to another Court
- Rulemaking Power. Promulgate rules concerning (a) the protection and enforcement of constitutional rights,
(b) pleading, practice, and procedure in all courts, (c) the admission to the practice of law, (d) the Integrated
Bar, and (e) legal assistance to the underprivileged.
o The Rules of Procedure of Courts were promulgated under this power
o Collection cases of debt that did not exceed 100,000 made the rule of small claims procedure
o Puno promulgated the Rules to Protect Against Enforced Disappearances: Writ of Amparo and Habeas Data
o Writ of Kalikasan was issued over the Manila Bay (A.M. No. 09-6-8-SC, Rule 7 Part III)
o The SC can determine who may be admitted into the legal profession
 Not subject to the Professional Regulation Commission
 The SC can change even the subjects needed to review for the Bar examinations, the passing rate, etc.
 Membership is mandatory once juris doctors passed the bar examinations (the IBP)
o IBP also has Mandatory Continuing Legal Education
 To update lawyers of new jurisprudence, technological advances, etc.
- Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. It shall also have
administrative supervision over all courts and the personnel thereof;
- 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; and
- Within thirty days from the opening of each regular session of the Congress, the Supreme Court shall submit to
the President and the Congress an annual report on the operations and activities of the Judiciary
o Before, the annual report is published in the SC website during the time of Acting CJ Carpio. It was made in a
simplified manner that anybody could understand it. Now, that practice is gone.

Power of Judicial Review in Constitutional Cases

- The Ph SC is not entirely a constitutional court, but it is also the “court of last resort”
o Court of Last Resort means that all cases ruled by lower court can be decided for final judgment from the SC
o The issue of interpretation of the Constitution makes the SC assume its state as the constitutional court
- Requirements:
o The existence of actual and appropriate case or controversy;
 Actual Case
 No ruling on hypothetical cases or of cases that are moot and academic.
 The SC is not an advisory body
 Exceptions:
o If there is a grave violation of the Constitution;
o If it involves situation of exceptional character and the paramount public interest;
o When the constitutional issue raised requires formulation of controlling principles to guide the bench,
the bar, and the public (Estrada case even if Estrada had resigned from office)
o if the case is capable of repetition yet evading review.
 During the time of GMA as president, the Oakwood Mutiny happened. They declared that they no
longer support the President; GMA declared a “state of rebellion”. The mutineers argued that
there is no such thing as a “state of rebellion” in the Constitution. The SC ruled in agreement; GMA
withdrew her declaration.
 Same happened with her declaration of “state of national emergency”. The SC still decided even
when GMA withdrew her declaration of “state of national emergency”, making the case moot and
academic.
o A personal and substantial interest of the party raising the constitutional question;
o The exercise of judicial review is pleaded at the earliest opportunity; and
o The decision on the constitutional question must be necessary to the determination of the case itself. In
other words; the constitutional question is the lis mota of the case.
- A case that questions the constitutionality of an act cannot be called a constitutional case when the resolution
can be done by resorting to interpretation of the Constitution itself(?)
o The SC always evades the assumption of constitutional conflicts until the Constitution becomes the lis mota
or the main issue of the case

Locus Standi/Proper Party

- “Direct injury” test. To clothe a suitor with legal standing, he must show that “he has sustained or will sustain a
‘direct injury’ as a result of a government action, or have a ‘material interest’ in the issue affected by the
challenged official act.” This requires that (1) a party “can show that he has personally suffered some actual or
threatened injury because of the alleged conduct of the government; (2) the injury is fairly traceable to the
challenged action; and (3) the injury is likely to be redressed by a favorable action.”
o Example: Congress passed a law increasing the rate of income tax from 32% to 64%. It seems to violate due
process because it is confiscatory. Can you file a case when you are 17 years old? Are you a taxpayer? Do 17
yos pay VAT? Yes! They have locus standi, that 17 yo suffers from direct injury.
- Exceptions:
o Taxpayer’s suit. There must be a claim of illegal disbursement of public funds or that public money is being
deflected to any improper purpose, or that there is a wastage of public funds through the enforcement of an
invalid or unconstitutional law;
  Questioning the Intelligence Funds of Duterte is a taxpayer’s suit. Taxpayers can invoke this.
o Voters, there must be a showing of obvious interest in the validity of the election law in question;
 Congress passed the Overseas Absentee Voting Act; Filipino voters abroad can cast their vote. To question
the validity of the law, it is difficult because the most affected are the ones abroad, not the ones
domestically. To file this kind of question, cloth yourself locus standi by asserting that the petitioner is a
registered voter.
o Concerned citizens. The petitioner must be able to show that he has been or is about to be denied some
right or privilege to which he is lawfully entitled, or that he is about to be subjected to some burdens or
penalties by reason of the act complained of.
o Legislators. There must be a claim that the official action complained of infringes upon their prerogatives as
legislators.
 Multiple senators questioned the withdrawal of the iCCs; Leonen ruled that the petitioners had no legal
standing to file the case because the Congress was not included in the decision of the withdrawal. Since
these Senators asserted their right to concurrence for the withdrawal of the ICC, the decision of the SC has
undermined the role of the legislature in the ratification process of the Legislature. (No resolution yet to
this case)
o In Oposa v. Factoran, G.R. No. 101083, 30 July 1993, the Supreme Court upheld the legal personality of
petitioner-minors to represent their generation and the generation yet to come (“Intergenerational
responsibility”)
 A minor child filed a petition to oppose the timber license agreements, on behalf of the future generation
of Filipinos. It Is an assertion of the Constitutional right to a balanced and healthful environment.
o A citizen may bring an action to procure the enforcement of a public duty for the fulfillment of a public right
recognized by the Constitution
 When Duterte did not want to divulge his state of health, a brave individual petitioned the court to compel
Duterte to divulge his state of health. The SC failed him, though
o Standing jus tertii (Standing to assert the constitutional rights of third parties) will be recognized only if it can
be shown that the party suing has some substantial relation to the third party, or that the third party cannot
assert his constitutional right, or that the right of the third party will be diluted unless the party in court is
allowed to espouse the third party’s constitutional claim.”
 Immediate family members can invoke writ of habeas corpus
 3rd party members can invoke writ of amparo

Doctrine of Constitutional Avoidance

- The Court does not ordinarily pass upon constitutional questions unless these questions are properly raised in
appropriate cases and their resolution is necessary for the determination of the case (People v. Vera, 65 Phil.
56 [1937]). The Court will not pass upon a constitutional question although properly presented by the record if
the case can be disposed of on some other ground such as the application of a statute or general law (Siler v.
Louisville and Nashville R. Co., 213 U.S. 175, [1909], Railroad Commission v. Pullman Co., 312 U.S. 496 [1941]).
o Laurel v. Garcia, G.R. No. 92013

Questions:
- What happens when the President is the Secretary of Justice?
o He will serve as the ex-officio member of the JBC
o It is highly impractical
- Can the JBC submit 9 nominees or any other arbitrary number of nominees in their shortlist?
o Yes. The JBC now submits 6 nominees per vacancy since there are a lot of aspirants to join the judiciary.
o Since the minim is 3 nominees per vacancy, the minimum is multiplied by the number of vacancies available.
3 vacancies, minimum of 9 nominees shall be submitted in the shortlist to the President.