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THE JUDICIAL
DEPARTMENTchapter 12
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Judicial Departmentplays an indispensable role in the governmentas the administrator of justice.
The without the judiciary. It prgovernment and consequently the tatewill not survive eserves the cohesiveness ofthe di!erent governmental organs" alwaysseeing to it that they function in accordancewith the #onstitution.$nd inasmuch as the %hilippines is agovernment of laws and not of men" the
judiciary protects the very essence ofdemocracy being guardian of rights and legalprocesses.
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Independence of the Judiciary
In order for the judiciary to functione!ectively and impartially" the#onstitution provides safeguards for itsindependence" to wit&
1. The upreme #ourt" as a constitutionalbody" cannot be abolished by law
passed by the #ongress'2. (embers of the upreme #ourt can onlybe removed through impeachment'
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). The upreme #ourt cannot be deprived ofits minimum and appellate jurisdiction'
*.appellate jurisdiction of the # may notbe increased without its advice orconcurrence'
+. $ppointees to the judiciary are now
nominated by the Judicial and ,ar #ounciland no longer subject to con-rmation bythe #ommission on $ppointments
. The upreme #ourt has administrativesupervision over all inferior courts andpersonnel'
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/. # has e0clusive power to discipline judges justices of inferior courts'
.(embers of the judiciary have security oftenure'
3. (embers of the judiciary may not bedesignated to any agency performing quasi4
judicial or administrative functions'15. alaries of judges may not be reduced'11. The judiciary enjoys -scal autonomy'12. The upreme #ourt alone can initiate the 6ules
of #ourt'1). It alone may order temporary detail of judges'
and1*. It can appoint all o7cials and employees of the
judiciary.
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Judicial %ower8The judicial power shall be vested in one upreme
#ourt and in such lower courts as may be established
by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable" and
to determine whether or not there has been a grave
abuse of discretion amounting to lac9 or e0cess of
jurisdiction on the part of any branch or
instrumentality of the :overnment.;
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Jurisdiction Jurisdiction is the power andauthority of the court to hear anddecide cases. Judicial power is
e0ercised by the various courtswithin their respective jurisdictions"so that if judicial power is e0ercisedwithout or in e0cess of jurisdiction"then the decisions of the courts aresaid to be null and void.
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6ole of #ongress. The various courts have theirrespective jurisdiction.III? is
#onstitutionally prescribed so that itcannot be lessened or ta9en away bythe #ongress.
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@inds of Jurisdiction Jurisdiction could be 8general or limited";8original or appellate"; and 8e0clusive orconcurrent.;$ court has a general jurisdiction when it isempowered to hear and decide all disputes-led before it e0cept those falling in the
jurisdiction of other courts
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a court has an original jurisdiction ifit is empowered to hear and decide
cases -led for the -rst time
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$ court has e0clusive jurisdiction if italone has authority to hear anddecide a case -led before it
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$ppointments$rt. >III" ec. 3
The members of the # and judges of lower courts
shall be appointed by the %resident from the list of
at least ) nominees prepared by the J,# for
vacancy. uch appointments need no
con-rmation.
Cor the lower courts" the %resident shall issue the
appointments w in 35 days from the submission of
the list
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uali-cations$rticle >III provides the quali-cations of a (ember of the
upreme #ourt or any lower collegiate court&a. Ee must be a natural4born citiFen of the %hilippines'b. ,e at least forty years of age'c. (ust have been a judge of a lower court or engaged in
the practice of law in the %hilippines for -fteen years ormore' and
d. must be a person of proven competence" integrity"probity" and independence.
. The quali-cations of judges in lower courts shall beprescribed by #ongress" but the quali-cations mustinclude %hilippine citiFenship and membership in the%hilippine ,ar.
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Tenure
Justices and judges can holdo7ce until they reach the age ofseventy or become
incapacitated to discharge theduties of their o7ce.
They must be in good behavior
during their tenure' otherwisethey =judges? may be disciplinedor dismissed by the upreme#ourt =sitting en banc?.
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Judicial and ,ar #ouncil The Judicial and ,ar #ouncil =J,#? is a constitutional bodyunder the supervision of the upreme #ourt that has theprincipal function of recommending appointees to the
Judiciary. The Justices or (embers of the upreme #ourt and judgesof the lower courts are among the o7cials who areappointed by the %resident.Cor their appointments to be valid" they must -rst benominated by the J,#.Cor every vacant seat in the judiciary" the #ouncil preparesa list of at least three nominees from which the %resident
shall select and appoint.If there is a vacancy for judgeship in a court" the J,# must-rst provide a list of at least three nominees. Crom the listthe %resident shall select whom he shall appoint.
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#omposition. The J,# is composed of seven
members&a. The #hief Justice as e0 o7cio #hairman'b. The ecretary of Justice as an e0 o7cio
member'
c. $ representative of the #ongress as e0o7cio member'
d. $ representative of the Integrated ,ar'e. $ professor of law'f. $ retired (ember of the upreme #ourt'
andg. $ representative of the private sector.
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The e0 o7cio members are the #hief Justice" ecretary of Justice" andrepresentative of the #ongress.
The four others are called regularmembers.
The e0 o7cio members are those who byreason of their o7ce are also members of
the #ouncil. The regular members are appointed by the%resident for a term of four years with theconsent of the #ommission on
$ppointments. The ecretary of the #ouncil" who shall bein4charge with the records 9eeping" is the#ler9 of the upreme #ourt.
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Ciscal $utonomy
$rt. >lll" ec. ) of the 13 /#onstitution states that Gthe
Judiciary shall enjoy -scal
autonomy. $ppropriations forthe judiciary may not bereduced by the legislature below
the amount appropriated for theprevious year and" afterapproval" shall be automaticallyand regularly releasedG.
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ection ) see9s to insure the independence the
judiciary. The appropriations for the judiciary may
not be reduced as provided above but they may beincreased. The constitution ta9es into account the
fact that the administration f justice" in the past" has
always been at the bottom list of priorities ingovernment budgetary appropriations. The
prohibition against reduction by #ongress of the
appropriation for the judiciary below the amountsappropriated for the previous year assures" at least"
that the minimal -nding requirements of the
judiciary will be met.
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alaries of Judges JusticesCi0ed by law' may not be decreased duringtheir continuance in o7ce.
annual salary of the #hief Justice of the # H
40K $ssociate Justices of the upreme #ourt H 32K annual salary of the %residing Justice of the#ourt of $ppeals H 26K
o7cials with the ran9 of secretary ofdepartment" the $ssociate Justices of the #ourtof $ppeals and o7cials with equivalent ran9 H24K
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#omposition of the upreme#ourt
The upreme #ourt is composedof 1+ members&1. #hief Justice' and
2. fourteen $ssociate Justices.$ny vacancy must be -lled withinninety days from its occurrence.
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,ayan (una v. 6omulo The rule on the needed vote for thedeclaration of unconstitutionality of a treaty in13 / #onstitution requires “the concurrenceof a majority of the Members who actually
took part in the deliberations on the issues inthe cases and voted thereon” %reviously no less than 2 ) of the #ourt wereneeded for a declaration ofunconstitutionality" now as few as + membersof the #ourt can declare unconstitutionality"this number being a majority of the quorum of
of the 1+ member #ourt.
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Division #aseIf the #ourt sits in division" at least three members must ta9epart in the deliberations and hearings of the case" and musthave the same vote thereon in order to resolve the case.If the required number is not obtained" the case shall bedecided en banc.
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Cortich v. #orona The petitioners -led motions for reconsideration of a )42
decision of the pecial econd Division that were denied
by a 242 vote. $s a denial was not supported by a majority
of the decision" they as9ed for the elevation of the issue
to the banc in accordance with the above quoted
provision.
The court held that following the rule of reddendo singula
singulis" the word 8decided; must refer to 8cases;" while
the word 8resolved; must refer to 8matters;. This rather
strained interpretation militates against another rule of
construction" w c is that one must not distinguish if the
#onstitution does not.
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%rohibitionsIt must be noted that the (embers of the upreme #ourt and the lower
courts cannot be designated to any agency performing quasi4judicial or
administrative functions.
$n agency is said to perform a 8quasi4judicial; function if it acts li9e a
court in that it hears and decides cases even if it is not a court.
$dministrative agencies are under the e0ecutive branch and may bedelegated quasi4judicial powers in deciding speci-c cases which it
could competently and e7ciently resolve.
Justices and judges cannot be designated to these agencies in
accordance with the principle of separation of powers.
If they are allowed to be designated to administrative agencies" then
they are li9ewise performing e0ecutive function" thus violating the said
principle.
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$ctual case
$n actual case or controversyinvolves a con ict of legal rights"an assertion of opposition legal
claims susceptible of judicialresolution. The case must not be moot or
academic or based on e0tra4legalor other similar considerationsnot cogniFable by a court of
justice.
t < it
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enate v.
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%roper %arty
%roper party is one who hassustained or is in immediatedanger of sustaining an injury as
a result of the act complained of
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Tileston v. Mllmann$ physician questioned the constitionality of
a law prohibiting the use of contraceptives"
upon the ground that it might prove
dangerous to the life or healht of some of his
patients whose physical condition would not
enable them to bear the rigors of childbirth.
The court dismissed the challenge" holding
that the patients of the physician not the
physician himself were the proper parties.
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%EIB#K $ v. :imeneF
$n organiFation of ta0payers andcitiFens was held to be a properparty to question the
constitutionality of a lawproviding for special retirementbene-ts for members of the
legislature.
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This general rule" however" is subject to the
following e0ceptions&
1. In criminal cases" the constitutional questioncan be raised at any time in the discretion of
the court.
2. In civil cases" the constitutional question can be
raised at any stage if it is necessary to the
determination of the case itself.
). In every case" e0cept where there is estoppel"
the constitutional question may be raised at any
stage if it involves the jurisdiction of the court
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ecessity of Deciding#onstitutional uestion
The reason why courts will as much
as possible avoid the decision of a
constitutional question can betraced to the doctrine of separation
of powers w c enjoins upon each
department a proper respect for
the acts of the other departments
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Baurel v. :arcia
The court will not pass upon a
constitutional question although
properly presented by the record ifthe case can be disposed of on
some other ground such as theapplication of a statute or general
law.
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unconstitutionality
Eave two views& orthodo0 view and modern
viewIn %rt&o'o( )!e* " unconstitutional act is
not a law' it confers no rights" it imposes no
duties' it a!ords no protection' it creates no
o7ce and considered never e0isted at all.
In Mo'er# )!e* " it simply refuses torecogniFe the constitutionality of a statute.
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%artial Mnconstitutionality
Requisites &1. The Begislature must be willingto retain the valid portion=s?"
usually shown by the presence ofa separability clause in the law'and
2. The valid portion=s? can standindependently as a law.
%owers of the upreme #ourt
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%owers of the upreme #ourt The powers of the upreme #ourt are
e0pressly provided in ection +" $rticle >III.
Its powers are classi-ed into&
1. its original jurisdiction'
2. its appellate jurisdiction'
). power to temporarily assign judges' =
*. power to change venue'
+. rule4ma9ing power'
. power to appoint court personnel' and
/. administrative supervision over lower courts.
Kriginal jurisdiction
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Kriginal jurisdictionmeans the authority to settle cases -led
for the -rst time.
$mong the cases which can be -led and
settled for the -rst time in the upreme
#ourt are&
1? cases a!ecting ambassadors" other public
ministers and consuls' and
2? petitions for certiorari" prohibition"
mandamus" quo warranto" and habeas corpus.
The rst set of cases involves diplomatic agents" who under
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The -rst set of cases involves diplomatic agents who under
international law are considered representatives of the tates where
they are nationals.
$n ambassador" being a representative or e0tension of a sovereign
tate" has immunity from suits in the receiving state.
The immunity is based on the international law doctrine of tate
immunity and the equality of sovereign statesE+AMPLE the ambassador of M. . cannot be sued for a criminal
o!ense committed in the %hilippines" unless the immunity or
privilege is waived.
N%TE, Cilipino ambassadors are not immune from suits here in the
%hilippines.
$ consul" li9ewise" although a diplomatic agent" has no diplomatic
immunity.
C ! ! i i l i il i
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Cert!orar! is a special civil actionwhich is -led by a person who isaggrieved by any tribunal" board oro7cer e0ercising judicial or quasi4
judicial functions that had actedwithout or in e0cess of its or his
jurisdiction" or with grave abuse ofdiscretion amounting to lac9 or e0cessof jurisdiction" and there is no plain andspeedy remedy in the ordinary courseof law.its purpose is to IN-ALIDATE a
judgment rendered without or in e0cess
of authority or jurisdiction.
Pro&!"!t!o# is a special civil action -led by a
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p y
person aggrieved in the proceedings of any
tribunal" corporation" board" o7cer or person"
whether e0ercising judicial" quasi4judicial or
ministerial functions" which proceedings are
without or in e0cess of its or his jurisdiction" or with
grave abuse of discretion amounting to lac9 or
e0cess of jurisdiction" and there is no plain and
speedy remedy in the ordinary course of law.its purpose is to .T%P a tribunal or person from
further engaging in proceedings done without or in
e0cess of authority or jurisdiction.
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Ma#'a/us is a special civil action -ledby a person aggrieved by any tribunal"corporation" board" o7cer or person" whounlawfully neglects the performance of anact which the law speci-cally enjoins as aduty resulting from o7ce" trust" or station"or unlawfully e0cludes another from theuse and enjoyment of a right or o7ce towhich such other is entitled" there is noplain" adequate" and speedy remedy inthe ordinary course of law.Its purpose is T% C%MPEL theperformance of a ministerial duty or dutymandated by law to be performed undercertain circumstances.
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uo 1arra#to is a special civil action instituted by the
%hilippine :overnment against a person" public o7cer" or
association which usurps" unlawfully holds" intrudes into an
o7ce" position" or franchise.
Its purpose is T% REC%-ER an o7ce or position from a
usurper or from an o7cer" who has forfeited his o7ce" and
a franchise from a false corporation =one without legal
personality?.
Ha"eas corpus is a special proceeding the purpose of
which is to grant speedy remedy for the release of a person
illegally con-ned or detained" or for the grant of rightful
custody over a child or person to someone from whom the
custody is withheld or to whom it rightfully belongs.
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Temporary $ssignment of Judges
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p y $ g g The upreme #ourt also has the power to 8assign temporarily judges of
lower courts to other stations as public interest may require.
uch temporary assignment shall not e0ceed si0 months without the
consent of the judge concerned.;
This power reinforces the independence of the upreme #ourt from the
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#hange of >enue The #ourt is empowered to order a change of venue or place of trial to
avoid a miscarriage of justice.
>enue refers to the place where the trial is conducted.
The 6ules of #ourt provide the rules on venue" which are clearly
intended for the speedy" impartial" and convenient disposition of cases.
If instead of being convenient" venue causes miscarriage of justice" the
upreme #ourt has the power to change the venue.
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6ule4(a9ing %ower The #ourt has the power to promulgate rules concerning&
=a? The protection and enforcement of constitutional rights'
=b? %leading" practice" and procedure in all courts'
=c? The admission to the practice of law'
=d? The Integrated ,ar of the %hilippines' and
=e? Begal assistance to the under4privileged.
uch rules shall provide a simpli-ed and ine0pensive procedure for
the speedy disposition of cases" shall be uniform for all courts of the
same grade" and shall not diminish" increase" or modify substantive
rights. 6ules of procedure of special courts and quasi4judicial bodies
shall remain e!ective unless disapproved by the upreme #ourt.
This power of the upreme #ourt is the basis for ma9ing the 6ules of
#ourt.
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%ower to $ppoint Its Kwn%ersonnel The #ourt has the power to appoint all o7cialsand employees of the Judiciary in accordance
with the #ivil ervice Baw. $lthough the power
to appoint is vested in the %resident" the
upreme #ourt has the power to appoint
o7cials and employees of the Judicial
Department. Eowever" the appointment must
be in accordance with the #ivil ervice Baw.
m n s ra ve
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m n s ra veupervision.ection " $rticle >III states that the upreme #ourt has
administrative supervision over all courts and its personnel.
This is one of the constitutional safeguards for the
independence of the judiciary.
During the e!ectivity of the 13)+ #onstitution" the
Department of Justice had administrative supervision over
the lower courts which compromised the independence of
the courts as their decisions were often swayed by the
e0ecutive department.
,ut with the transfer of supervision to the upreme #ourt"
courts are empowered and freed from the political
pressures of the e0ecutive branch.
D i i f h
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Decisions of the upreme#ourt
# lt ti
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#onsultation The upreme #ourt is a collegiate court" in that it is
composed of many members and its decisions are reached
through consultation or thorough deliberation of its
members.
#onsultation is necessary before the case is assigned to a
member for the writing of the opinion of the #ourt. Justicesof the #ourt must discuss with each other and vote on the
settlement of the case before a certi-cation is given
assigning the writing of the opinion to a member.
Cor members who did not participate" abstained" or
dissented from a decision or resolution" they must e0plain
and state their reason for it. The same requirements must
also be observed by lower collegiate courts.
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%eriod for 6endering Judgments
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%eriod for 6endering Judgments.
$fter the trial and parties already
submitted the case for decision" thecourt is duty bound to render the
decision within a certain period of time.
$ case or matter is deemed submitted
for decision or resolution upon the -ling
of the last pleading" brief" ormemorandum required by the 6ules of
#ourt or by the court itself.
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$nnual 6eport
# to submit" within )5 days fromthe opening of each regular
session of #ongress" to the %res.and to #ongress an annual report
on the operations and activities
of the Judiciary = Sec. 1 ! "rt. #$$$ ?
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