Professional Documents
Culture Documents
THE JUDICIARY
Read Article VIII, 1987 Constitution, Chapter 12, Cruz
The Supreme Court
A.1. Composition (Sec.4)
A.2. Appointment and Qualifications (Secs.7,8,9)
A.3. Salary (Sec.10)
Art.XVIII, Sec. 17
Endencia vs. David, 93 Phil 696
Nitafan vs. CIR, 152 SCRA 284
A.4. Security of Tenure (Sec.11, Sec.2, para 2)
De la Llana vs. Alba, 112 SCRA 294
A.5. Removal (Sec.11)
Art. XI, Sec.2
A.6. Fiscal Autonomy (Sec.3)
A. Judiciary and independence of the Judiciary
B.1. Judicial Power (traditional definition and concept of expanded
judicial power)
B.1.a (Art. VIII, Sec.1)
Santiago vs. Bautista, 32 SCRA 188
Daza vs. Singson, 180 SCRA 496
Garcia vs Board of Investments, 191 SCRA 288
B2. Judicial Review (test the validity of executive and legislative acts if the
same are in accordance of the constitution; supremacy of the constitution;
concept of judicial restraint and judicial legislation)
How Judicial Review is exercised
a.) Actual Case or Controversy; Ripeness of Controversy; Moot case may
still be decided by the SC to educate the bar and bench, prevent
repeated violation yet escaping review
-PACU vs. Sec. of Education, 97 Phil. 806
Council,
Reform
B3. Art. VIII, Sec. 5 (enumeration of the powers of the Supreme Court)
Additional powers found in other Sections/Articles:
a) Article VII, Section 18, par. 3 (power to review sufficiency o the factual basis
of declaration of martial law)
b) Section VII, Section 4, par. 7 (power of Supreme Court to act as Presidential
Electoral Tribunal)
c) Article IX, A, Section 7 (power of Supreme Court to review on certiorari all
decisions of the Constitutional Commissions-CSC-COA-COMELEC)
In re Bermudez, 145 SCRA 160
People vs. Ramos, 88 SCRA 486
People vs. Mateo, G.R. No. 147678-87, July 7, 2004
Read Rule 56, Sec.11 and Rule 125, Sec.3 Rules of Court
B.6. Requirement as to decisions (Sec.13-14)
Yao vs. CA, G.R. No. 132428, Oct. 24, 2000
Fr. Martinez vs. CA, G.R. No. 123547, May 21, 2001
b.6.1. Mandatory periods for deciding cases
Art.VIII, Sec.15
Art.VII, Sec.18, par.3
Art. XVIII, Sec.12-14
B.7. Administrative Powers
B.7.1. Supervision of lower courts (Sec.6,11)
Does the Ombudsman have power over judges?
Maceda vs. Vasquez, 221 SCRA 464
Noblejas vs Teehankee, 23 SCRA 405
B.7.2. Temporary assignment of judges (Sec. 5[3])
B.7.3. Change of Venue (Sec.4)
B.7.4. Appointment of officials and employees of judiciary
(Sec5[6])
B.8. Rule Making Powers (Sec5[5]; cannot be changed by Congress unlike
in the previous constitutions; exclusive power to admit to the practice of law, the
Integrated Bar)
2003)