NOTES - CHAPTER 13 JUDICIAL DEPARTMENT

Safeguards in Judiciary

(1) SC is a constitutional body; cannot be abolished nor membership changed thru

legislation
(2) SC members can only be removed thru impeachment
(3) SC shall not be deprived of its minimum original and appellate jurisdiction
(4) appellate jurisdiction cannot be increased by law WITHOUT advice and
concurrence
(5) appointees nominated by JBC and no confirmation by Commission on Appointments
(6) administrative supervision over lower courts
(7) exclusive power to discipline judges
(8) SC and lower courts have security of tenure
(9) shall not be designated to any agency performing quasi judicial or admin
functions
(10) salaries may not be reduced
(11) fiscal autonomy
(12) SC alone may initiate Rules of Court
(13) SC only may order the temporary detail of judges
(14) SC can appoint all officials and employees of the judiciary

-SC is the only CONSTITUTIONAL COURT, lower courts are merely statutory.
-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 grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the
Government.
-jurisdiciton is the authority and power of the court to hear and decide a case;
-*division cases (there are 3 divisions of the SC with 5 members each)
-requisites of judicial inquiry
(1) there must be an actual case or controversy
(2) question of constitutionality must be raised by the proper party
(3) must be raised at the earliest possible opportunity
(4) decision of the question must be necessary to the determination of the
case

-effects of a Declaration of Unconstitutionality

(1) orthodox view (inoperative; confers no rights; imposes no duties; total
nullity)
(2) modern view (refuse to recognize it and determines the rights of the
parties just as if such statute had no existence; decision affects the
parties only and no judgment against the statute; does not repeal, revoke or
annul the statute; no one else is bound)

-concept of operative fact

-partial unconstitutionality (salvage the valid portions) with conditions:
(1) legislative is willing to retain the valid portions (separability clause)
(2) valid portions can stand independently as a separate statute

POWERS OF THE SUPREME COURT

(1) Original jurisdiction
(2) Appellate jurisdiction
(3) temporary assignment of judges
(4) change of venue or place of trial (to avoid miscarriage of justice)
(5) rule-making power
limitations:
(1) rules must be uniform for all courts of the same grade
(2) rules must not diminish, increase or modify substantive rights
(6) appointment of court personnel
(7) administrative supervision of courts
- decision - described as a judgement rendered after the presentation of proof or
on the basis of a stipulation of facts
-lack of merit, as a ground for denial, is a legal basis.
-