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ARTICLE 8 - SECTION 5
The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus,
quo warranto, and habeas corpus.
Original jurisdiction of the Supreme Court over:
A. Cases affecting ambassadors, other public
ministers and consuls:
Privileges and immunities
Ambassadors and other public ministers are exempt
from the jurisdiction of tribunals of the country
they are accredited.
A consul however is not entitled to the privileges and
immunities of ambassador or minister and is
subject to the law of the country he is
accredited. A consul then is not exempt from
criminal prosecution.
B. Petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus
Certiorari - it is writ issued from a superior
court (Supreme Court, court of appeals or regional trial
court) requiring the lower court or officer exercising
jurisdiction function to transmit the records of a case to
the superior court for purposes of review.
Prohibition- it is a writ by which a superior
court commands a lower court or a corporation, board
or a person acting without or in excess of its jurisdiction
or with a grave of abuse of discretion to desist from
further proceedings in an action or matter.
Mandamus – it is an order issued by a superior
court commanding a lower court or a corporation,
board or a person to perform a certain act which it is its
or his duty to do.
Quo warranto – it is an action by the
government to recover an office or franchise from an
individual or corporation usurping or unlawfully holding
it.
Habeas corpus - a writ issued in order to bring
somebody who has been detained into courts, usually
whether the detention is lawful.
(2) Review, revise, reverse, modify , or affirm
on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower
courts in:
(a) All cases in which the constitutionality or
validity of any treaty, international or executive
agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in
question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty imposed in
relation thereto.
(c) All cases in which the jurisdiction of any
lower court is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question
of law is involved.
Exclusive appellate jurisdiction of the Supreme Court:
1. Cases of great public interest
2. Elevation of cases to Supreme Court
The only power which congress may exercise is the
right to determine whether the elevation of the
case should be done through appeal or
certiorari.
a. By appeals, the appellate court reviews all the
findings of law and of fact of a lower court as in
special proceedings
b. By certiorari, the appellate or superior court can
review only questions or errors of law decided or
committed by a lower court
3. Cases involving only an error or question of law
The review jurisdiction of the Supreme Court
does not extend to reviewing or reversing
factual findings of lower court. It is limited to
questions of law, not to question of facts.
Question of law - It involves no examination of the
probative value of the evidenced presented by
the parties or any of them in the lower court
There is no dispute between the parties as to
facts of the case. It is reviewable by the
Supreme Court.
Question of fact – Involves determination of the truth
and or falsity of facts as alleged by the parties
It cannot be reviewed by the Supreme
Court on certiorari
(3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such
temporary assignment shall not exceed six months
without the consent of the judge concerned.
a. Assignment temporary
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May be made without his consent or even
against his objection unless it is for a period longer than
6 months in which case it must be with his consent.
b. Assignment permanent
It can only be effected with the consent of the
judge concerned and by the extension of a new
appointment by the president.
c. Assignment with the same region
The station of a judge is the place where he is
assigned to hold regular sessions.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
SC can order a change of venue or place of trial
whenever the imperative of securing a fair and impartial
trial or of preventing miscarriage of justice so demand.
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive 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. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
Rule- making power of the Supreme Court
a. Protection and enforcement of constitutional
rights.
b. Pleading
It is the act of presenting one’s claim, answer,
or arguments in defense or prosecution of an
action.
c. Practice of law
d. Procedure
It refers to the method by which substantive
rights may be enforced in the courts of justice
e. Admission to the practice of law or to the bar
f. Integrated bar
It means the official national unification of the
entire population of the Philippines in a single
organization.
This requires membership and financial support
of every attorney as conditions sine qua non to
the practice of law and the retention of his
name in the Roll if Attorneys of the Supreme
Court.
The general purpose of an integrated bar are:
 To elevate the standards of the legal profession
 To improve the administration of justice
 To enable the bar to discharge its public
responsibility more effectively
g. Legal assistance to the underprivileged
Limitations on the rule-making power of the Supreme
Court
1. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases;
2. They shall be uniform for all courts of the same
grade;
3. They shall not diminish, increase or modify
substantive rights
Substantive and Procedural law / rights distinguished
Substantive law – part of the law that creates,
defines, and regulates rights concerning life, liberty, or
property.
Examples: Civil Code, Code of commerce, Insurance
Code, corporation code, National Internal Revenue
Code, Revised penal Code (criminal law) and the
constitution
Procedural law – (adjective or remedial) is that
part of law which prescribes the method of enforcing
rights or obtaining redress for their violations
Substantive rights - are rights which substantive law
declares or rights concerning life, liberty, or property.
Examples are the rights in the Bill of Rights of
constitution.
Procedural rights – refers to the remedies or means by
which an aggrieved party whose substantive rights have
been violated, may bring his case to suit, trial, and
judgment.
Example is the right of a party to appeal a decision of
lower court to higher court.
(6) Appoint all officials and employees of the judiciary
in accordance with the Civil Service Law.
The Supreme Court has the power to appoint all officials
and employees of the judiciary in accordance with the
Civil Service law (Sec5 [6])
Prepared by: Al-Obinay, Shereen D.