judiciary + con-coms class questions + notes

7/27/2019 Judiciary + Con-coms Class Questions + Notes

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1) What are the manifestations of Judicial Independence?

a) Constitutional body

b) Cannot be abolished or structure changed by mere legislation

c) Members of the judiciary not subject to confirmation by COA

d) Members of the SC cannot be removed except by impeachment

e) SC may not be deprived of its minimum original and appellate jurisdiction as prescribed in

Art. VIII, sec. 5 of Consti

f) SC has administrative supervision over all courts and personnel thereof

g) SC has exclusive power to discipline judges of Lower Courts

h) SC and lower courtshave security of tenurefor life until 70 years of age (sa US eh

until able)

i) Shall not be designated to any agency performing quasi-judicial or administrative functions

(Art. VIII, Sec. 12)

j) Salaries of judges not reduced while in office can it be increased? YES

k) Fiscal autonomy

l) Only SC may initiate RoC

m) Can assign judges temporarily? YES

n) SC can appoint all officials and employees of the judiciary [Art. VIII, Sec. 5(6)]

2) Can the SC be abolished (as well as LCs)?

YES LCs safeguard: provided that it will not undermine security of tenure

3) What are the divisions/ group? 2, 3, 5 (remember: can sit in groups of 3, 5, 7 members)

4) When the SC groups in divisions, does it undermine? NO (basis: US vs. LIM SIONGCO)

5) If it sits in divisions, what can it not do? CANNOT OVERTURN PREVIOUS DECISIONS OR RULINGS

THAT INVOLVE A DOCTRINE OR PRINCIPLE OF LAW or IN OTHER WORDS, NO DOCTRINE OR

PRINCIPLE OF LAW MAY BE REVERSED OR MODIFIED (UNLESS SITTING EN BANC)

6) If the court has no quorum, can court designate members of the appellate court? NO (basis:

VARGAS vs. RILLORAZA)

7) What are the qualifications to be a member of the Supreme Court?

a) 40 years of age

b) Natural-born

c) 15 years of being a judge or in law profession

d) Of proven competence, integrity, probity and independence (probity: adherence to the

highest principles and ideals; uprightness, honesty) [Art. VIII, Sec. 7(3)]

8) For lower courts? Congress shall prescribe the qualifications of judges of lower courts, but NO

person may be appointed judge thereof unless citizen of the Philippines and member of the

Philippine Bar.

ALL MEMBERS OF THE JUDICIARY of proven competence, integrity, probity, and

independence

9) What is the composition of the Judicial and Bar Council?

a) Chief Justice ex-officio chair



b) Secretary of Justice ex-officio member

c) Representative of the Congress ex-officio member

d) Representative of the Integrated Bar of the Philippines

e) Professor of Law

f) Retired member of SC

g) Representative of private sector

10) Who appoints JBC members? Term? What are the terms of the first appointees?

a) The President appoints, with the consent of the Commission on Appointments

b) Term of 4 years

c) First appointments: IBP rep: 4 years, professor of law: 3 years, retired Justice: 2 years,

representative of the private sector: 1 year

11) What is the role of the Clerk of the Supreme Court in JBC?shall be the Secretary ex-officio,

and shall keep a record of its proceedings

12) Emoluments of JBC?may be determined by SC; SC in its annual budget shall provide the

appropriations for the Council

13) What is the principal function of the JBC? To recommend appointees to the Judiciary, it may

exercise such other functions and duties as the SC may assign to it.

14) How are appointments made in concurrence to JBC? Art. VIII, Sec. 9: “Members of the SC and

judges of LC shall be appointed by the President from a list of at least three nominees prepared

by the JBC for every vacancy, no need for confirmation”

15) Kung appointee ka, tapos di ka tinanong ng JBC re: ‘bad habits’, pwede bay un?

every prospective appointee to the Judiciary must apprise the appointing authority of every

matter bearing on his fitness for judicial office, including such circumstances as may reflect on

his integrity and probity

16) Can the salaries be increased or decreased?

a) Decreased NO!

b) Increased YES!

17) What is the De la Llana vs. Alba case?

F: In the De la Llana vs. Alba case, BP 129 entitled, “An Act Reorganizing the judiciary,

appropriating funds therefore and for other purposes” is being assailed for its

unconstitutionality because it mandates that justices and judges of Inferior courts from CA to

MCC (except occupants of Sandiganbayan and CTA) would be considered abolished and

incumbents shall cease to hold office. It is the termination of their office which the petitioner

hinges his argument on, it being repugnant to security of tenure provision in the Constitution.

Also lack of good faith in the enactment of the act and an undue delegation of legislative power,

due to Sec. 41 which authorizes the President to fix the compensation of those who would be

appointed under it “along the guidelines set forth in LOI No. 93”.

H: Not unconstitutional. No claim of security of tenure for they weren’t just removed from office

but the said offices were all abolished thus there is not even a position for them to occupy and

no tenure can exist in a non-existent office.



18) Can a Supreme Court Justice be charged in a criminal case or in any offense which carries with it

the penalty of removal from office, or any penalty service of which would amount to removal

from office? NO

19) What is Congress prohibited from doing re: appropriations?cannot lower the budget of

judiciary from last year’s or previous years

20) What is fiscal autonomy? - Enjoyed by: 1) Judiciary 2) Civil Service Commission 3) Commission

on Audit, 4) COMELEC 5) Office of the Ombudsman, 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

21) Can the Supreme Court reverse its decision? YES, kapag doctrine or principle of law, dapaten

banc

22) Does the Court have the power of reprieve? NO

23) Can Congress pass a law which settle disputes first administratively before they go to Court? YES

24) Can an alleged unjust decision of the Court be complained in the Ombudsman? NO (See In Re:

Laureta)

25) Can a court declare an impending bill unconstitutional? NO. Only laws. NOT BILLS!

26) Can a legal doctrine be reversed? YES. By the SC, sitting en banc

27) What are the four requisites for judicial review? 1) standing, 2) question of constitutionality the

very lis mota of the case, 3)

28) What is the doctrine of political question?

29) Is an administrative regulation a law?Administrative regulations adopted in pursuant of the

law has the force and effect of law

30) What is judicial power?

a) Settle actual controversies involving rights that are legally demandable

b) Determine W or N there has been a grave abuse of discretion amounting to lack or excess of

jurisdiction on the part of any branch or instrumentality

31) Do moot and academic cases cease to present a justiciable controversy? THERE IS NOT

JUSTICIABLE CONTROVERSY IN THE FIRST PLACE

32) What are the exceptions to moot and academic cases (W o N the Court should come up with a

decision)

a) Grave violation of constitution

b) Exceptional character of situation and the paramount public interest involved

c) When the constitutional issue raised requires formulation of controlling principles to guide

the bar and bench

d) The case is capable of repetition yet evading review

33) Determinants for transcendental importance?

a) Character of the funds or other assets involved in the case

b) The presence of a clear case of disregard of a constitutional or statutory prohibition by the

instrumentality of the government; and

c) Lack of any other party w/ a more direct and specific interest



34) Does an association have standing to assert its members? YES. CONCERNS OF CONSTITUENTS

AND ASSOCIATION ARE FUSED. (SEE EXECUTIVE SECRETARY VS. CA)

35) Congress will have standing to question the validity of Eos if such will injure legislative (SEE

PHILCONSA VS. ENRIQUEZ)

36) Taxpayer’s, can they look into contracts entered into by the government? YES

37) Would a private party have standing to question the validity of contracts involving public land?

NO. (SEE TICHANGCO VS. ENRIQUEZ) since public land belongs to the State.

38) How did they define locus standi in private suits vs. public suits? Privateyou are injured, public

suits government injures you, direct injury test

39) Can one invoke advocacy to clothe one of standing? YES but with the discretion of the SC,

(SOUTHERN HEMISPHERE VS. ANTI-TERRORISM COUNCIL)

40) Difference of the event vs. filing

41) Is Ombudsman included in the power of judicial review? YES (Read Presidential Ad Hoc Fact-

Finding Committee)

42) What is expanded judicial power? What is its effect on the political question doctrine?

43) Is judicial power given to all courts? YES

44) Can the constitutionality of a law be attacked collaterally? NODIRECTLY

45) What do you “collaterally”?

46) Are lower courts given power to review?

47) What is the difference between judicial power and power of judicial review?

48) What are ordinary appeals? criminal cases where penalty is reclusion perpetua, obligatory

not discretionary, they have to hear the case, automatic

49) Petition for review on certiorari? Court has discretion, ROC Rule 45

50) 2 meanings of the modes of appeal?

a) Certiorari, rule 45 (appellate jurisdiction)

b) Direct appeal, rule 65 (original jurisdiction) (includes certiorari, special civil action)

51) What are the different contempt powers? (BAKER VS. MCKENZIE)

52) What are the non-judicial functions of the Court?

a) Act as Presidential Electoral Tribunal

b) Chief Justice as presiding officer of the impeachment trial of the President

c) Chief Justice as chairman of the JBC

53) Does the SC en banc function as an appellate court to its division? NO. It cannot because there is

only one SC. (Limketkai Sons Milling vs. CA)

54) Is there a need to state the facts and the law where the decision was heard? YES

55) In en banc decisions what is the required number of votes? /Necessary majority?

a) En banc, lowest number needed to reach majority- 5, quorum of 8

b) In divisions, 7-4 (If 6, 5, 4, present- 4, if 3 are present- no quorum)

c) 5-3

d) 3-3

56) Abstain? YES, counted

57) Inhibits himself? NO

58) No decision? REHEARD



59) What are minute resolutions? Quick decisions, to declog courts of cases, in what cases are they

applied?

a) When the issue is factual in nature

b) Sufficient evidence

c) Blatantly no merit

d) Obvious to drag the case (i-delay ang judgment)

(or to forestall the execution of a valid decision

60) Are minute resolutions supposed to be signed by the case? NO

61) What are the 4/5 limitations of the Legislative when it comes to its power over Jurisdiction of

SC?

a) In cannot increase the constitutionally set jurisdiction of the SC (Sec. 5)

b) It cannot increase the constitutionally set appellate jurisdiction of the SC

c) It can increase the original jurisdiction of the SC (pursuant to its general power)

d) It can make the jurisdiction of the SC concurrent w/ the lower courts (pursuant to its general

power)

e) It cannot pass a law reorganizing the Judiciary when it undermines security of tenure of its

members

62) What is the difference between original jurisdiction and appellate jurisdiction?

63) What body has administrative supervision over? SC

64) Should the SC take cognizance of cases of court clerks? YES, even if it is not connected to your

service.

65) What cases are within the original jurisdiction of the SC?

66) What cases are within the appellate jurisdiction of the SC?

67) Can the SC come up with rules on conduct of demonstrations? Can a procedural rule amend a

substantive right?

68) Can Philippines alter rules of procedure to conform to international agreements? YES, not an

impairment on SC’s power

69) What are the three ways when admin proceedings against judges may be instituted?

a) Complaint, must be verified, under oath, affidavit of personal knowledge of facts

complained of

b) SC, motu proprio or by itself

c) Anonymous complaint, supported by public records of indubitable integrity

70)

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