As a rule, the Court does not take the initial cognizance of controversies.

It merely reviews
decisions of other tribunals, which have acted on these controversies. In fact, it does not initiate
such review. Its review authority must be triggered by the filling of a petition by a proper party.
In this sense, the judiciary is a passive branch of the government. It cannot act on a contoversy
unless asked to do so.
JUDICIARY
 JUDICIARY

EXECUTIVE VS LEGISLATIVE
 JUDICIAL REVIEW

Judicial review is the power of the supreme court to declare act of the Executive and Legislative departments of
government unconstitutional in the light of its conformity with the constitution.
This is not an assertion of superiority by the courts over the other departments but merely an expression of the supremacy
of the Constitution. The constitution does not provide expressly for this authority exercised by the Court. It had its
beginning in the landmark decision written by Chief Justice Marshal succesfully claimed for the judges the power of
judicial review.
 POWERS OF THE SUPREME COURT

The Constitution grants the Supreme Court original and appelate jurisdictions. Its work consists mainly of affirming,
modifying, or reversing decisions and decrees of lower courts or of determining whether a lower court or a branch or an
instrumentality of the government, including the office of the President and Congress , has acted without or in excess of its
jurisdiction or committed grave abuse of discretion in its functions and actions.The Constitution also grants certain
administrative powers to the Supreme Court.
 ORIGINAL JURISDICTION

Jurisdiction refers to the authority of the court to bear and determine a particular case. The supreme Courts original jurisdiction refers to its authority to be the first court to
hear a case.
The Supreme Court exercises original jurisdiction embracing cases aflecting ambasaddors, public ministers, and consuls. These official are our diplomatic representatives
abroad, and under international law are immune from the jurisdiction of courts of the country where they are assigned subject to certain exceptions. Because of the
importance of the cases affecting these officials to our diplomatic relations. It is but proper that the supreme court being the highest court of the land assumes the authority
to decide the case. The Supreme Court also exercises original jurisdiction over petitions for certiorari, prohibition, mandamus, quo-warranto and habeas corpus.
 CERTIORARI
Certiorari is a court process to seek judicial review of a decision of a lower court
or administrative agency. The term comes from the name of an English
prerogative writ, issued by a superior court to direct that the record of the lower
court be sent to the superior court for review.
 CERTIORARI

When any tribunal, board or officer exercising judicial or quasi judicial sanctions has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor any plain
speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that the judgement be rendered, annuling or modifying the proceedings of
such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.
 PROHIBITION

When the proceedings of any tribunal, corporation board or officer or person, whether exercising judicial or ministrerial
functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack excess of
jurisdiction, and there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgement be
rendered, commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise
granting such incidental reliefs as law and justice may require
 MANDAMUS

When any tribunal corporation, board or personnel unlawfully neglects the performance of an act which the law specifically enjoins as a
duty resulting from an office, trust or station or unlawfully excludes another from the use and enjoyment of a right or office to which sUch
other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may
file a verified petition in the proper court, alleging the facts with certainty and praying that judgement be rendered, commanding the
respondent, immediately or at some time to be specified by the court, to do the act required to be done to protect the rights of the
petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent.
 Types
There are three kinds of mandamus:
Alternative mandamus: A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show
cause for not performing it.
Peremptory mandamus: An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an
alternative mandamus.[6][7]
Continuing mandamus: A mandamus issued to a lower authority in general public interest asking the officer or the authority to perform its tasks expeditiously for an unstipulated period of time for
preventing miscarriage of justice