CONSTITUTIONAL LAW 1 HAND OUT

JUDICIAL DEPARTMENT
EXPANDED MEANING:
“Judicial powers include the duty of the courts of
JUDICIAL DEPARTMENT justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine
whether or not there has been grave abuse of discretion
SAFEGUARDS IN THE CONSTITUTION
amounting to lack or excess of jurisdiction on the part of
1. The Supreme Court is a constitutional body. It cannot
any branch or instrumentality of the government.” (Sec. 1,
be abolished nor may its membership or the manner of
par. 2, Art. VIII)
its meetings be changed by mere legislation. (Sec.
4(1), Art. VIII); JUDICIAL PRIVILEGE (DELIBERATIVE PROCESS
2. The members of the Supreme Court may not be PRIVILEGE)
removed except by impeachment. (Sec. 2, Art. XI);
3. The Supreme Court may not be deprived of its
minimum original and appellate jurisdiction as Judicial Privilege (Deliberative Process Privilege or DPP)
prescribed in Art. VIII, Section 5, Constitution. (Sec. 2,
Art. VIII);  The privilege against disclosure of information or
4. The appellate jurisdiction of the Supreme court may communications that formed the process of judicial
not be increased by law without its advice and decisions.
concurrence. (Sec. 30, Art. VI);  This applies to confidential matters, which refer to
5. Appointees to the judiciary are now nominated by information not yet publicized by the Court like (1)
the Judicial and Bar Council and no longer subject to raffle of cases, (2) actions taken in each case in the
confirmation by the Commission on Appointments. Court’s agenda, and (3) deliberations of the
(Sec. 9, Art. VIII); Members in court sessions on case matters pending
6. The Supreme Court now has administrative before it.
supervision over all lower courts and their personnel.  This privilege, however, is not exclusive to the
(Sec. 6, Art. VIII); Judiciary and it extends to the other branches of
7. The Supreme Court has exclusive power to government due to our adherence to the principle of
discipline judges of lower courts. (Sec. 11, Art. VIII); separation of powers. (In Re: Production of Court
8. The members of the Supreme Court and all lower Records and Documents and the Attendance of
courts have security of tenure, which cannot be Court Officials and Employees as Witnesses under
undermined by law reorganizing the judiciary. the Subpoenas of Feb. 10, 2012 and the Various
(Supra); Letters of Impeachment Prosecution Panel dated
9. They shall not be designated to any agency January 19 and 25, 2012, February 14, 2012)
performing quasi-judicial or administrative functions.
(Sec. 12, Art. VIII); Purpose of Judicial Privilege
10. The salaries of judges may not be reduced during
their continuance in office. (Sec. 10, Art. VIII);  To prevent the ‘chilling’ of deliberative
11. The judiciary shall enjoy fiscal autonomy. (Sec. 3, communications. It insulates the Judiciary from an
Art. VIII); improper intrusion into the functions of the judicial
12. The Supreme Court alone may initiate rules of branch and shields judges, justices, and court
court. (Sec. 5(5), Art. VIII); officials and employees from public scrutiny or the
13. Only the Supreme Court may order the temporary pressure of public opinion that would impair their
detail of judges. (Sec. 5(3), Art. VIII); ability to render impartial decisions. (Ibid.)
14. the Supreme Court can appoint all officials and Requisites for a document to be protected by DPP
employees of the judiciary. (Sec. 5(6), Art. VIII).
It must be shown that the document is both:
Judicial Power  Pre-decisional – If they were made in the attempt to
reach a final decision; and
 Deliberative – If it reflects the give-and-take of the
TRADITIONAL MEANING: consultative process such as the disclosure of the
 “The judicial power is vested not only in the information would discourage open discussion within
Supreme Court but in such lower courts as the agency.
may be established by law.” (Sec. 1, par. 1,
Art. VIII) NOTE: Court records which are pre-decisional and deliberative
 This involves settling conflicting rights as in nature are thus protected and cannot be the subject of
conferred by law. subpoena if judicial privilege is to be preserved. (Ibid.)
 “Lower Courts” refers to all other courts below
the Supreme Court. The Supreme Court is NOTE: In a case where the House Impeachment Panel, through
the only constitutional court, all the lower letters, asked for the examination of records and the issuance of
courts being of statutory creation. certified true copies of the rollos and the Agenda and Minutes of
 As the Constitution speaks only of “one” Deliberations of specific SC-decided cases and at the same
Supreme Court, it is not competent for the time, requested for the attendance of court officials including
legislature to create even a temporary judges, justices, and employees as witnesses under subpoenas,
Supreme Court. it was held that Members of the Court may not be compelled to
testify in the impeachment proceedings against the Chief Justice
or other Members of the Court about information acquired in the
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performance of their official adjudicatory functions and duties; judgments and orders of lower courts in:
otherwise, their disclosure of confidential matters learned in their 1. All cases in which the constitutionality or
official capacity violates judicial privilege as it pertains to the validity of any treaty, international or
exercise of the constitutional mandate of adjudication. (Ibid.) executive agreement, law, presidential
decree, proclamation, order, instruction,
XPN: If the intent only is for them to identify or certify the
ordinance, or regulation is in question.
genuineness of documents within their control that are not
confidential and privileged, their presence in the Impeachment 2. All cases involving the legality of any tax,
Court may be permitted. impost, assessment, or toll, or any penalty
imposed in relation thereto.
WAIVER OF PRIVILEGE 3. All cases in which the jurisdiction of any
lower court is in issue.
 This privilege, incidentally, belongs to the Judiciary and 4. All criminal cases in which the penalty
is for the SC (as the representative and entity speaking imposed is reclusion perpetua or higher.
for the Judiciary), and not for the individual justice, 5. All cases in which only an error or question
judge, or court official or employees to waive. Thus, of law is involved. (Sec. 5, par. 1, Art. VIII)
every proposed waiver must be referred to the SC for
 No law shall be passed increasing the appellate
its consideration and approval.
jurisdiction of the Supreme Court as provided in this
PRINCIPLE OF JUDICIAL RESTRAINT Constitution without its advice and concurrence. (Sec.
30, Art. VI).
 Theory of judicial interpretation that encourages judges Appointments
to limit the exercise of their own power.

 In terms of legislative acts, it means that every QUALIFICATIONS:

intendment of the law must be adjudged by the courts  A Member of the Judiciary must be a person
in favor of its constitutionality, invalidity being a of proven competence, integrity, probity, and
measure of last resort. Therefore, in construing the independence. (Sec. 7(3), Art. VIII)
provisions of a statute, courts must first ascertain
whether an interpretation is possible to sidestep the
a. Justices of the Supreme Court:
question of constitutionality. (Estrada v.
Sandiganbayan, G.R. No. 148560, November 19, - Qualification:
2001) 1. Natural-Born Filipino Citizen;
2. At least 40 years old;
3. Have been for 15 years or more, a
Jurisdiction judge or engaged in the practice of
law in the Philippines. (Sec. 7(1),
Constitutional Provision: Art. VIII).
 The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the b. Justices of Lower Collegiate Courts:
various courts but may not deprive the Supreme  Qualification: No person shall be appointed
Court of its jurisdiction over cases enumerated in Member of any lower collegiate court unless he is a
Section 5 hereof. No law shall be passed natural-born citizen of the Philippines. (Sec. 7(1),
reorganizing the Judiciary when it undermines the Art. VIII).
security of tenure of its Members. (Sec. 2, Art. VIII)
c. Judges of Lower Courts:
 Qualification: The Congress shall prescribe the
NATURE OF JURISDICTION:
qualifications of judges of lower courts, but no
 Jurisdiction is defined as the authority by which the
person may be appointed judge thereof unless he
courts take cognizance of and decide cases, the legal is a citizen of the Philippines and a member of the
right by which the judges exercise the authority. Philippine Bar. (Sec. 7(2), Art. VIII)
(Black’s Law Dictionary, p. 991)
JUDICIAL AND BAR COUNCIL (JBC):
LIMITATIONS IN CONGRESS’ POWER TO PRESCRIBE A. Composition of the JBC:
JURISDICTION OF THE SUPREME COURT:
 Ex-Officio Members: Chief Justice (Chairman);
 The SC shall have the power to exercise original Secretary of justice, and Representative of
jurisdiction over cases affecting ambassadors, other Congress.
public ministers and consuls, and over petitions for  Regular Members: Representative of the
certiorari, prohibition, mandamus, quo warranto, and Integrated Bar, a professor of law, a retired
habeas corpus. (Sec. 5, par. 1, Art. VIII) Member of the Supreme Court, and a
 The SC shall have the power to review, revise, representative of the private sector. (Sec. 8(1),
reverse, modify, or affirm on appeal or certiorari, as Art. VIII)
the law or the Rules of Court may provide, final  Secretary Ex-Officio: The Clerk of the Supreme
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Court. (Sec. 8(3), Art. VIII). in division of three, five, or seven Members.
Any vacancy shall be filled within ninety days
from the occurrence thereof. (Sec. 4(1), Art.
B. Appointment/Term: VII)
 The regular members of the Council shall be
appointed by the President for a term of four  During the period covered by Sec. 15, Art.
years with the consent of the Commission on VII, the SC held that “The President is
Appointments. Of the Members first appointed, neither required to make appointments to
the representative of the Integrated Bar shall the courts nor allowed to do so, and and
serve for four years, the professor of law for Secs. 4(1) and 9 of Art. VIII simply means
three years, the retired Justice for two years, that the President is required to fill
and the representative of the private sector for vacancies in the courts within the time
one year. (Sec. 8(2), Art. VIII) frames provided therein unless prohibited
by Sec. 15, Art.
C. Function of the JBC: VII. It is noteworthy that the prohibition on
 The Council shall have the principal function of appointments comes into effect only once
recommending appointees to the judiciary. It every 6 years.” (In Re: Appointment of Mateo
may exercise such other functions and duties A. Valenzuela and Placido Vallarte, AM no.
as the Supreme Court may assign to it. (Sec. 98-5-01-SC, November 9, 1998)
8(5), Art. VIII)
 The ruling in In Re: Appointment of
D. Appointment from List of Nominees: Valenzuela and Vallarte has been reversed
 The Members of the Supreme Court and by the SC in the case of De Castro vs. JBC.
judges of lower courts shall be appointed by
the President from a list of at least three EN BANC AND DIVISION CASES:
nominees preferred by the Judicial and Bar  All cases involving the constitutionality of a
Council for every vacancy. Such appointments treaty, international or executive
need no confirmation. agreement, or law, which shall be heard by
the Supreme Court en banc, and all other
cases which under the Rules of Court are
Fiscal Autonomy
required to be heard en banc, including
those involving the constitutionality,
application, or operation of presidential
Constitutional Provision:
decrees, proclamations, orders,
 The Judiciary shall enjoy fiscal autonomy.
instructions, ordinances, and other
Appropriations for the Judiciary may not be
regulations, shall be decided with the
reduced by the legislature below the amount
concurrence of a majority of the Members
appropriated for the previous year and, after
who actually took part in the deliberations
approval, shall be automatically and regularly
on the issues in the case and voted
released. (Sec. 3, Art. VIII)
thereon. (Sec. 4(2), Art. VIII)

 In Bengzon v. Drilon (G.R. No. 103524, April 15,

 Cases or matters heard by a division shall be
1992), the SC explained that fiscal autonomy
contemplates a guarantee of full flexibility to decided or resolved with the concurrence of a
allocate and utilize resources with the wisdom and majority of the Members who actually took
dispatch that the needs require. part in the deliberations on the issues in the
case and voted thereon, and in no case
 It recognizes the power and authority to deny, without the concurrence of at least three of
assess and collect fees, fix rates of compensation such Members.
not exceeding the highest rates authorized by law
for compensation and pay plans of the government  When the required number is not obtained, the
and allocate and disburse such sums as may be case shall be decided en banc: Provided, that
provided by law or prescribed by it in the course of no doctrine or principle of law laid down by the
the discharge of its functions.

Composition of the Supreme Court Power of Judicial Inquiry

court in a decision rendered en banc or in

 The Supreme Court shall be composed of a division may be modified or reversed except by
Chief Justice and fourteen Associate the court sitting en banc. (Sec. 4(3), Art. VIII)
Justices. It may sit en banc or in its discretion,
CONSTITUTIONAL BASES OF THE POWER
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OF JUDICIAL INQUIRY: EXCEPTION TO THE MOOTNESS PRINCIPLE:
1. There is a grave violation of Constitution;
- The judicial power shall be vested in one 2. The exceptional character of the situation and the
Supreme Court and in such lower courts as may paramount public interest is involved;
be established by law. 3. When the constitutional issue raised requires
formulation of the controlling principles to guide the
bench, the bar, and the public; and
Judicial power includes the duty of the courts of 4. The case is capable of repetition yet evading review.
justice to settle actual controversies involving
rights which are legally demandable and (David vs. Arroyo, GR no. 171396, May 3, 2006; Garcillano vs.
enforceable, and to determine whether or not House of Representatives, Supra)
there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on B. PROPER PARTY
the part of any branch or instrumentality of the
Government. (Sec. 1, Art. VIII)
DIRECT INQUIRY TEST:
- All cases involving the constitutionality of  In People v. Vera, it was held that a person who
a treaty, international or executive agreement, impugns the validity of a statute must have "a
or law, which shall be heard by the Supreme personal and substantial interest in the case such
Court en banc, and all other cases which under that he has sustained, or will sustain direct injury as
the Rules of Court are required to be heard en a result." The "direct injury test" in public suits is
similar to the "real party in interest" rule for private
banc, including those involving the
suits under Section 2, Rule 3 of the 1997 Rules of
constitutionality, application, or operation of Civil Procedure.
presidential decrees, proclamations, orders, LOCUS STANDI:
instructions, ordinances, and other regulations,  The doctrine of locus standi or the right of
shall be decided with the concurrence of a appearance in court requires a litigant to have a
majority of the Members who actually took part material interest in the outcome of a case. In
in the deliberations on the issues in the case private suits, locus standi requires a litigant to be a
and voted thereon. (Sec. 4(2), Art. VIII) "real party in interest," which is defined as "the
party who stands to be benefited or injured by the
judgment in the suit or the party entitled to the
Requisites of Judicial Inquiry avails of the suit.
WITH LOCUS STANDI:
A. GOVERNMENT
1. There must be an actual case or controversy;  The government is the proper party to question the
2. The question of constitutionality must be raised constitutionality of the Proclamation Act because,
by the proper party; more than anyone else, it should be concerned
3. The constitutional question must be raised at over the validity of its own laws. (People v. Vera, 65
Phil. 56
the earliest possible opportunity; and
B. CITIZENS
4. The decision of the constitutional question must
 A citizen can raise a constitutional question only
be necessary to the determination of the case when:
itself. (Dumalo vs. COMELEC, 95 SCRA 392) 1. He can show that he has personally
suffered some actual or threatened injury
A. ACTUAL CASE OR CONTROVERSY because of the allegedly illegal conduct of
the government.
2. The inquiry is fairly traceable to the
MEANING OF CONTROVERSY: challenged action
 It involves a conflict of legal rights, an assertion of 3. A favorable action will likely redress the
opposite legal claims susceptible of judicial injury.
resolution. (Cruz, p. 491)  On the other hand, a party suing as a taxpayer
 The case must not be moot or academic or based must specifically show that he has a sufficient
on extra-legal or other similar considerations not interest in preventing the illegal expenditure of
cognizable by a court of justice. money raised by taxation and that he will sustain a
PRINCIPLE OF MOOTNESS: direct inquiry as a result of the enforcement of the
questioned statue. (Francisco v. Fernando, G.R.
 A case becomes moot when its purpose has
No. 166501, November 16, 2006, 507 SCRA 173)
become stale. It is unnecessary to indulge in
C. FACIAL CHALLENGE
academic discussion of a case presenting a moot
question as a judgment thereon cannot have any  When a penal state statute encroaches upon the
practical legal effect or, in the nature of things, freedom of speech, a facial challenge grounded on
cannot be enforced. (Garcillano vs. House of the void-for-vagueness doctrine is acceptable. The
Representatives, Supra) inapplicability of the doctrine mist be carefully
delineated. As Justice Antonio T. Carpio explained
in his dissent, “We must view these statements of
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the Court on the inapplicability of the over breadth  A local government unit can seek relief in
and vagueness doctrines to penal statutes as order to protect or vindicate an interest of its
appropriate only insofar as these doctrines are own, and of the other LGUs.
used to mount facial challenges to penal statutes I. INTERVENORS
not involving free speech.”  Intervenors may be given legal standing upon
D. TAXPAYERS showing of facts that satisfy the requirements
of the law authorizing intervention, such as a
legal interest in the matter in litigation, or in
C. EARLIEST OPPORTUNITY the success of either of the parties.
 Taxpayers may raise the question of the validity of
an appropriate law; there must be a claim of illegal WHEN IS THE EARLIEST OPPORTUNITY TO RAISE A
disbursement of public funds or that the tax CONSTITUTIONAL QUESTION?
members is unconstitutional; or deflected to an General Rule:
illegal purpose or that there is a wastage of public  The rule is that the constitutional question must be
funds through the enforcement of an invalid or raised at the earliest possible opportunity, such that
unconstitutional law. The court retains discretion if it is not raised in the pleadings, it cannot be
whether or not to allow a taxpayer’s suit. considered at the trial, and if it not considered in
 A person suing as a taxpayer must show that the the trial, it cannot be considered on appeal.
act complained of directly involves the illegal (Matibag vs. Benipayo, 667 SCRA 150)
disbursement of public funds derived from
taxation. He must also prove that he has sufficient Exceptions:
interest in preventing the illegal expenditure of 1. In criminal cases, the constitutional question can be
money raised taxation and that he will sustain a raised at any time in the discretion of the court;
direct injury because of the enforcement of the 2. In civil cases, the constitutional question can be
questioned statute or contract. (Mamba vs. Lara, raised at any stage if it is necessary to the
GR no. 165109, December 14, 2009) determination of the case itself;
3. In every case, except where there is estoppel, the
Two Requisites for a Taxpayer’s suit to
prosper: D. NECESSITY OF DECIDING CONSTITUTIONAL
QUESTION
 Public funds derived from taxation are disbursed by
a political subdivision or instrumentality and in constitutional question may be raised at any stage
doing so, a law is violated or some irregularity is if it involves the jurisdiction of the court. (Cosco
committed; and Phils. Shipping vs. Kemper Insurance, GR no.
 The petitioner is directly affected by the alleged act. 179488, April 23, 2012)
(Mamba vs. Lara, Supra)
Note:
E. LEGISLATORS  Every law has in its favor the presumption of
 In the case of suits initiated by the legislators validity. Unless and until a specific provision of the
themselves, this court has recognized their law is declared invalid and unconstitutional, the
standing to question the validity of any official
same is valid and binding for all intents and
action that they claim infringes the
purposes. (SEC vs. Interport Resources Corp., GR
prerogatives, powers, and privileges vested
by the Constitution in their office. no. 135808, October 6, 2008)
 There must be a claim that the official action SEVEN PILLARS OF LIMITATIONS OF THE POWER OF
complained if infringes upon their JUDICIAL REVIEW:
prerogatives as legislators. 1. The Court will not pass upon the constitutionality of
 An act of the executive that injures the legislation in a friendly, non-adversary proceeding,
institution of Congress causes a derivative declining because to decide such questions "is
but nonetheless substantial injury that can be legitimate only in the last resort, and as a necessity in
questioned by legislators. the determination of real, earnest and vital controversy
F. PEOPLE’S ORGANIZATIONS/NON-
between individuals. It never was the thought tht, by
GOVERNEMENTAL ORGANIZATIONS
means of a friendly suit, a party beaten in the
 People’s organization may be considered as
proper parties if the matter involves an issue legislature could transfer to the courts an inquiry as to
of utmost and far-reaching constitutional the constitutionality of the legislative act.";
importance, namely, the qualification- nay, 2. The Court will not "anticipate question of constitutional
the citizenship-of a person to be appointed a law in advance of the necessity of deciding it." "It is not
member of the Supreme Court. the habit of the Court to decide questions of a
G. VOTERS constitutional nature unless absolutely necessary to a
 For voters to be acknowledged as proper decision of the case;
parties, there must be a showing of obvious 3. The Court will not formulate a rule of constitutional law
interest in the validity of the lection law in broader than is required by the precise facts to which it
question.
is to be applied.";
H. LOCAL GOVERNMENT UNIT
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4. The Court will not pass upon a constitutional question - The Court may give its reasons for ignoring or
although properly presented by the record, if there is disregarding the law, but the decision affects the
also present some other ground upon which the case parties only and there is no judgment against the
may be disposed of. This rule has found most varied statute.
application. Thus, if a case can be decided on either of - The opinion or reasons of the court may operate
two grounds, one involving a constitutional question, as a precedent for the determination of other
the other a question of statutory construction or similar cases, but it does not strike the statute
general law, the Court will decide only the latter. books; it does not repeal, supersede, revoke, or
Appeals from the highest court of a state challenging annul the statute. The parties to the suit are
its decision of a question under the Federal concluded by the judgment, but no one else is
Constitution are frequently dismissed because the bound. (Shepard vs. Barren, 194 US. 553)
judgment can be sustained on an independent state
ground; PARTIAL UNCONSTITUTIONALITY:
5. The Court will not pass upon the validity of a statute
 A declaration of partial unconstitutionality will be
upon complaint of one who fails to show that he is
valid only if 2 conditions concur; (1) That the
injured by its operation. Among the many applications
legislature is willing to retain the valid portions
of this rule, none is more striking than the denial of the
even if the rest of the statute is declared illegal,
right of challenge to one who lacks a personal or
and (2) That the valid portions can stand
property right. Thus, the challenge by a public official
independently as a separate statute.
interested only in the performance of his official duty
 The legislative willingness to retain the valid
will not be entertained. In Fairchild v. Hughes, 258
portions may be expressed in the “Separability
U.S. 126, the Court affirmed the dismissal of a suit
Clause”.
brought by a citizen who sought to have the
 This usually provides that “if for any reason any
Nineteenth Amendment declared unconstitutional. In
section or provision of this Act is declared invalid
Massachusetts v. Mellon, 262 U.S. 447, the challenge
or unconstitutional, the remainder of the Act shall
of the federal Maternity Act was not entertained
not be affected by such declaration.”
although made by the Commonwealth on behalf of all
its citizens;  But even without such a separability clause, it has
6. The Court will not pass upon the constitutionality of a been held that if the valid portion is so far
statute at the instance of one who has availed himself independent of the invalid portion, it may be fair to
of its benefits; presume that the legislature would have enacted it
7. "When the validity of an act of the Congress is drawn by itself if it had supposed that it could
in question, and even if a serious doubt of constitutionally do so.
constitutionality is raised, it is a cardinal principle that  In the case of Flores vs. COMELEC (184 SCRA
this Court will first ascertain whether a construction of 484), Sec. 9 of RA 6679 was declared
the statute is fairly possible by which the question may unconstitutional while the rest of the statute was
be avoided.'(Demetria vs. Alba, GR no. 71977, upheld.
February 27, 1987). Powers of the Supreme Court
EFFECTS OF A DECLARATION OF
UNCONSTITUTIONALITY: ORIGINAL JURISDICTION:
- The SC shall have the power to exercise original
jurisdiction over cases affecting ambassadors, other public
Orthodox View:
ministers and consuls, and over petitions for certiorari,
- An unconstitutional act is not a law; itt confers no rights; it
prohibition, mandamus, quo warranto, and habeas corpus. (Sec.
imposes no duties; it affords no protection; it creates no
5(1), Art. VIII)
office; it is inoperative, as if it had not been passed. It is
therefore stricken from the statute books and considered
never to have existed at all. Not only the parties but all APPELLATE JURISDICTION:
persons are bound by the declaration of the
unconstitutionality, which means that no one may thereafter
invoke it nor may the courts be permitted to apply it in
subsequent cases. It is a total nullity. (Norton vs. Shelby
County, 118 US. 425)

Modern View:
- The court in passing upon the question of
constitutionality does not or repeal the statute if it
finds it in conflict with the Constitution. It refuses to
recognize it and determines the rights of the
parties just as if such statute had no existence.
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and quasi- judicial bodies shall remain effective unless
The SC shall have the power to review, revise, reverse, modify, or
affirm on appeal or certiorari, as the law or the Rules of Court may disapproved by the Supreme Court. (Sec. 5(5), Art.
provide, final judgments and orders of lower courts in: VIII)
1. All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, Limitations on the Rule-Making power:
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
1. The rule shall provide a simplified and inexpensive
2. All cases involving the legality of any tax, impost, procedure for the speedy disposition of cases;
assessment, or toll, or any penalty imposed in relation 2. The rules shall be uniform for courts of the same
thereto. grade; and
3. All cases in which the jurisdiction of any lower court is in 3. The rules shall not diminish, increase, or modify
issue. substantive rights. (Sec. 5(5), Art. VIII, 1987
4. All criminal cases in which the penalty imposed is Constitution)
reclusion perpetua or higher.
5. All cases in which only an error or question of law is APPOINTMENT OF COURT PERSONNEL:
involved. (Sec. 5(2), Art. VIII)  The SC shall have the power to appoint all officials
and employees of the Judiciary in accordance with the
Civil Service Law. (Sec. 5(6), Art. VIII)
Right to Appeal is not embraced in Due Process:
 As long as the parties have been given the opportunity ADMINISTRATIVE SUPERVISION OF COURTS
to be heard in the lower court, they cannot demand the  The Supreme Court shall have administrative
right to appeal if the legislature sees fit to withhold it. supervision over all courts and the personnel thereof.
Appeal is, as a general rule, a matter of statutory right (Sec. 6, Art. VIII)
entirely dependent upon the discretion or policy of the
lawmaking body. (Cruz, p. 540)
TENURE OF THE JUDGES

Competence of the Supreme Courts to decide Constitutional Provision:

Constitutional Questions:  The Members of the Supreme Court and judges of the
 The RTC have the authority and jurisdiction to lower court shall hold office during good behavior until
consider the constitutionality of statutes, executive they reach the age of seventy years or become
orders, presidential decrees and other ossuances. The incapacitated to discharge the duties of their office. The
Supreme Court en banc shall have the power to
Constitution vests that power not only in the Supreme
discipline judges of lower courts, or order their
Court but in all Regional Trial Courts. (Planters dismissal by a vote of majority of the Members who
Products, Inc. vs. Fertiphil, GR no. 166006, March 14, actually took part in the deliberations on the issues in
2008) the case and voted in thereon. (Sec. 11, Art. VIII)

TEMPORARY ASSIGNMENT OF JUDGES: CONSULTATION

 The SC shall have the power to assign temporarily
Constitutional Provision
judges of lower courts to other stations as public
 The conclusions of the Supreme Court in any case
interest may require. Such temporary assignments
submitted to it for the decision en banc or in division
shall not exceed six months without the consent of the shall be reached in consultation before the case
judge concerned. (Sec. 5(3), Art. VIII) assigned to a Member for the writing of the opinion of
the Court. A certification to this effect signed by the
CHANGE OF VENUE OR PLACE OF TRIAL: Chief Justice shall be issued and a copy thereof
 The SC shall have the power to order a change of attached to the record of the case and served upon the
parties. Any Member who took no part, or dissented, or
venue or place of trial to avoid a miscarriage of justice.
abstained from a decision or resolution must state the
(Sec. 5(4), Art. VIII).
reason therefor. The same requirements shall be
observed by all lower collegiate court. (Sec. 13, Art.
RULE-MAKING POWER OF THE SUPREME COURT: VIII)
 The SC shall have the power to promulgate rules
concerning the protection and enforcement of SALARIES OF MEMBERS OF THE JUDICIARY
constitutional rights, pleading, practice, and procedure
in all courts, the admission to the practice of law, the
SALARIES OF MEMBERS OF THE JUDICIARY:
integrated bar, and legal assistance to the under-
 The salary of the Chief Justice and of the Associate
privileged. Such rules shall provide a simplified and Justices of the Supreme Court, and of judges of lower
inexpensive procedure for the speedy disposition of courts shall be fixed by law. During the continuance in
cases, shall be uniform for all courts of the same office, their salary shall not be decreased. (Sec. 10,
grade, and shall not diminish, increase, or modify Art. VIII)
substantive rights. Rules of procedure of special courts

GROUP 2
KALINGA STATE UNIVERSITY
COLLEGE OF LAW
 CONSTITUTIONAL LAW 1 HAND OUT
JUDICIAL DEPARTMENT
DECISION OF THE COURT

Constitutional Provision:
 No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and
the law on which it is based.
 No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or
denied without stating the legal basis therefor. (Sec.
14, Art. VIII)

PERIODS FOR DECISION

Constitutional Provision:
Section 15:
1. All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twenty-
four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court,
twelve months for all lower collegiate courts, and three
months for all other lower courts.
2. A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules
of Court or by the court itself.
3. Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or
the presiding judge shall forthwith be issued and a
copy thereof attached to the record of the case or
matter, and served upon the parties. The certification
shall state why a decision or resolution has not been
rendered or issued within said period.
4. Despite the expiration of the applicable 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 thereto for determination, without
further delay. (Sec. 15, Art. VIII)
ANNUAL REPORT

ANNUAL REPORT:
 The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress,
submit to the President and the Congress an annual
report on the operations and activities of the Judiciary.
(Sec. 16, Art. V).

GROUP 2
KALINGA STATE UNIVERSITY
COLLEGE OF LAW