By: Atty.

Jose Aguila Grapilon

1. The SC is a constitutional body; it may not be
abolished by legislature.
2. The members of the SC are removable only by
impeachment.
3. The SC may not be deprived of minimum original and
appellate jurisdiction; appellate jurisdiction may not
be increased without its advice and concurrence.
4. The SC has administrative supervision over all inferior
courts and personnel.
5. The SC has the exclusive power to discipline
judges/justices of inferior courts.
6. The members of the Judiciary have security of tenure.
7. The members of the Judiciary may not be
designated to any agency performing quasi-
judicial or administrative functions.
8. Salaries of judges may not be reduced; the
Judiciary enjoys fiscal autonomy.
9. The SC alone may initiate Rules of Court.
4. The SC alone may order temporary detail of
judges.
5. The SC can appoint all officials and employees
of the Judiciary.
Defined:

Includes 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. (Sec. 1, par. 2, Art. VIII of
the Constitution)
 The second clause effectively limits the
“political question” area which, heretofore,
was forbidden territory for the courts.
 The inherent powers of a Court to amend and
control its processes and orders so as to
make them conformable with law and justice
includes the right to reverse itself, especially
when, in its honest opinion, it has committed
an error or mistake in judgment , and that to
adhere to its decision will cause injustice to a
party litigant (Tocao v. CA, G.R. No. 127405,
Sept. 20, 2001)
 The Court is not precluded from re-
examining its own ruling and rectifying
errors of judgment if blind and stubborn
adherence to res judicata would involve
the sacrifice of justice to technicality (De
Leon v. CA, G.R. No. 127182, Dec. 5, 2001)
 WHERE VESTED:
In one SC and in such lower courts as may be
established by law (Sec. 1, Art. VIII, Constitution)

 JURISDICTION:
Jurisdiction is defined as the power to hear and decide
a case.

 congress shall have the power to define, prescribe

and apportion the jurisdiction of the various courts but
may not deprive the SC of its jurisdiction over cases
enumerated in Sec. 5, Art. VIII (Sec. 2, Art. VIII)
 No law shall be passed increasing the
appellate jurisdiction of the SC as provided
in the Constitution without its advice and
concurrence (Sec. 30, Art. VI)
 Qualifications:
Of proven competence, integrity, probity and
independence.
In addition:

 SC : Natural born citizen of the Phil., at least 40 yrs. of

age, for 15 yrs. or more a judge of a lower court or
engaged in the practice of law in the Phil.
 Lower Collegiate Courts: Natural born citizen of the
Phil., member of the Phil. Bar. (Congress may
prescribe other qualifications)
 Lower Courts: Citizen of the Phil., and member of the
Phil. Bar. (Congress may prescribe other
qualifications)
 Appointed by the Pres. of the Phil. from among a
list of at least 3 nominees prepared by the
Judicial and Bar Council for every vacancy.
 For lower courts, the Pres. shall issue the
appointment within 90 days from submission of
the list.

JUDICIAL AND BAR COUNCIL

 Composition:

(i) Ex-Officio members: Chief Justice as Chairman,

Secretary of Justice, and a representative of
Congress.
 (ii) Regular members: A representative of the IBP,
a Professor of Law, a retired justice of the SC,
and a representative of the private sector.

 Appointment:
The regular members shall be appointed by the
Pres, for a term of 4 yrs., with the consent of the
Commission on Appointments. They shall receive
such emoluments as may be determined by the
SC (Sec. 8(2), Art. VIII)
 Powers/Functions:
Principal function of recommending appointees to
the Judiciary. May exercise such other functions
and duties as the SC may assign to it (Sec. 8 (5),
Art. VIII)
 Composition:
A Chief Justice and 14 Associate Justices. It may sit en banc
or in its discretion, in divisions of 3, 5 or 7 members. any
vacancy shall be filled within 90 days from the occurrence
thereof.

 En Banc/Division Cases:
a. En Banc: All cases involving the constitutionality of a
treaty, international or executive agreement, or law;
and all other cases which, under the Rules of Court,
are to be heard en banc, including those involving
the constitutionality, application or operation of
presidential decrees, proclamations, orders,
instructions, ordinances and other regulations. These
cases are decided with the concurrence of a majority of
the members who actually took part in the
deliberations on the issues and voted thereon.
b. Division: Other cases or matters may be heard
in division, and decided or resolved with the
concurrence of a majority of the members
who actually took part in the deliberations on
the issues and voted thereon, but in no case
without the concurrence of at least 3 of such
members.
◦ When the required number is not obtained, the case shall
be decided en banc.
◦ No doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be modified
or reversed except by the court sitting en banc.
 Actual case or controversy
◦ A conflict of legal rights, an assertion of opposite
legal claims susceptible of judicial determination.
◦ The controversy must be definite and concrete.
◦ A request for an advisory opinion is not an actual
case or controversy.
◦ The issues raised in the case must not be moot and
academic, or because of subsequent developments,
have become moot and academic.
◦ Nevertheless, courts will decide a question,
otherwise moot, if it is “capable of repetition yet
evading review” (Alunan III v. Mirasol, G.R. No.
108399, July 31, 1997)
◦ The Court may also exercise the power of
judicial review even if the issues had become
moot and academic when it feels called upon to
exercise its symbolic function, such as in
Salonga v. Pano, 134 SCRA 438, where it was
held that the Court had the duty to formulate
guiding and controlling constitutional principles,
precepts, doctrines or rules, and the symbolic
function to educate the bench and the bar on
the extent of protection given by the
constitutional guarantees.
 Proper Party
◦ Is one who has sustained or is in imminent
danger of sustaining an injury as a result of the
act complained of.
◦ Legal Standing is defined as a personal and
substantial interest in the case such that the
party has sustained or will sustain direct injury
as a result of the governmental act.
◦ A party’s standing in court is a procedural
technicality, which may be set aside by the
Court in view of the importance of the issues
involved.
◦ A taxpayer, or group of taxpayers, is a proper
party to question the validity of a law
appropriating public funds. To constitute a
taxpayer’s suit, 3 requisites must be met,
namely: (1) that public funds are disbursed by a
political subdivision or instrumentality; and in
doing so, (2) a law is violated or some
irregularity is committed; and (3) that the
petitioner is directly affected by the allegedly
ultra vires act.
◦ The Government of the Phil. is a proper party to
question the validity of its own laws, because
more than any one, it should be concerned with
the constitutionality of its acts.
◦ Facial Challenge. The established rule is that a
party can question the validity of a statute only
if, as applied to him, it is unconstitutional. The
exception is the so-called “facial challenge.” But
the only time a facial challenge to a statute is
allowed is when it operates in the area of
freedom of expression.
 Earliest Opportunity
◦ The constitutional question must be raised at
the earliest possible opportunity.
◦ Generally, the question must be raised in the
pleadings; however, in criminal cases, the
question can be raised at any time at the
discretion of the court; in civil cases, the
question can be raised at any stage of the
proceedings if necessary for determination of
the case itself; and in every case, except where
there is estoppel, it can be raised at any stage if
it involves the jurisdiction of the court.
 Necessity of Deciding Constitutional Question
◦ The decision on the constitutional question
must be determinative of the case itself.
 Orthodox view: An unconstitutional act is not a law; it
confers no rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative, as if it
had not been passed at all.
 Modern view: Courts simply refuse to recognize the
law and determine the rights of the parties as if the
statute had no existence.
 Partial Unconstitutionality; Requisites:
1. The Legislature must be willing to retain the valid
portion(s), usually shown by the presence of a
separability clause in the law; and
2. The valid portion(s) can stand independently as a
law.
 Original jurisdiction: over cases affecting ambassadors,
other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto and
habeas corpus.
 Appellate jurisdiction: Review, revise, reverse, modify, or
afirm on appeal or certiorari as the law or Rules of Court
may provide, final judgments and orders of lower courts in
(i) all cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance or regulation is in question; (ii) all cases involving
the legality of any tax, impost, assessment or toll, or any
penalty imposed in relation thereto; (iii) all cases in which
the jurisdiction of any lower court is in issue; (iv) all criminal
cases in which the penalty imposed is reclusion perpetua or
higher; and (v) all cases in which only an error or question
of law is involved.
 Temporary assignment of judges of lower courts
to other stations as public interest may require;
but the assignment shall not exceed six months
without the consent of the judge concerned.
 Order of change of venue or place of trial, to
avoid miscarriage of justice.
 Rule making power: Promulgate rules concerning
the protection and enforcement of constitutional
rights, pleading, practice and procedure in all
courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the
underprivileged.
◦ Limitations on the rule-making power: The rules must
provide a simplified and inexpensive procedure for the
speedy disposition of cases; they must be uniform for all
courts of the same grade; and must not diminish,
increase or modify substantive rights.
◦ An “Integrated Bar” is a State-organized Bar, to which
every lawyer must belong, as distinguished from a bar
association organized by individual lawyers themselves,
membership in which is voluntary.
◦ The writ of amparo is a writ that may be issued by the
courts, based on this constitutional power of the SC to
promulgate rules, for the protection and enforcement of
constitutional rights.
◦ Congress cannot amend the Rules of Court.
◦ Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the
SC.
 Power of Appointment: The SC appoints all
officials and employees of the Judiciary in
accordance with the Civil Service Law.
 Power of Administrative Supervision: The SC shall
have administrative supervision over all courts
and the personnel thereof (Sec. 6, Art. VIII)
◦ The Ombudsman may not initiate or investigate
a criminal or administrative complaint before
his office against a judge; he must first indorse
the case to the SC for appropriate action.
◦ Administrative proceedings before the SC are
confidential in nature.
 Supreme Court: Justices may be removed only by
impeachment.
 Lower Courts: Judges shall hold office during good
behavior until they reach the age of 70 yrs. or
become incapacitated to discharge the duties of
their office (Sec. 11, Art. VIII)
◦ The SC 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 and voted thereon
(Sec. 11, Art. VIII)
 Periods for Decision (Sec. 15, Art. VIII)
All cases filed after the effectivity of the Constitution must
be decided or resolved, from date of submission, within: 24
months – SC; 12 months – lower collegiate courts; and 3
months – all other lower courts; unless, in the two latter
cases, the period is reduced by the SC. A certification to be
signed by the Chief Justicw or Presiding Justice shall be
issued stating the reason for delay.
◦ Despite expiration of the mandatory period, the court,
without prejudice to such responsibility as may have
been incurred in consequence thereof, shall decide or
resolve the case or matter submitted to it without further
delay.
◦ The court does not lose jurisdiction over the case, despite
the lapse of the mandatory period, but the erring judge or
justice may be subjected to administrative sanctions for
the delay.
 Salaries of Judges/Justices
Fixed by law; may not be decreased during their
continuance in office.
◦ In Nitafan v. Tan, 152 SCRA 284, it was held
that the imposition of income tax on salaries of
judges does not violate the constitutional
prohibition against decrease in salaries.
 Conclusions in any case submitted to it for
decision shall be reached in consultation before
the case is assigned to a member for the writing
of the opinion of the Court. A certification to this
effect signed by the Chief Justice shall be issued.
 The decision shall state clearly and distinctly the
facts and the law on which it is based.
 No petition for review or motion for
reconsideration shall be refused due course or
denied without stating the legal basis therefor.
 Annual Report
SC to submit, within 30 days from the opening of
each regular session of Congress, to the Pres. and
to Congress an annual report on the operations
and activities of the Judiciary (Sec. 16, Art. VIII)