Finals Coverage Art.

VII, VIII, IX, XI, XVII

Separation of Powers vis-a-vis Overlapping of Powers

Judicial Issue vis-a-vis Political Question

Art. VII, Sec. 18 - President's Power (Military, Calling out, Declaration of

Marcial Law, and Suspension of Writ of Habeas Corpus) > Parameters/Requisites >
when political/justiciable

Principle of Presumption of Constitutionality - Acts of the Co-equal branches are

deemed constitutional and valid, unless it is challenged.

Judicial Review > Function: Checking, Legitimating, and Symbolic Function

(formulation of controlling principles to guide the bench, the bar, and the public)

Congress has the power to abolish and/or reorganize or change the jurisdiction and
functions of the statutory courts (RTC, MTC, SB, ShC, etc) through legislation,
EXCEPT the SUPREME COURT as this is the only Constitutionally Created Court (e.g.
Judiciary Reorganization Act)

Appointment vis-a-vis Designation (assigning of additional functions, even if

temporary only)

De la Llana v. Alba Doctrine - effect of Judiciary Reorganization > Abolishment of

lower courts > does not affect security of tenure of the incumbent judges for an
office that no longer exists

Congress' Plenary powers can validly add requirements to the constitutional

requirements for members of the Judiciary

Constitutional Requirements for Judges for both lower courts and Supreme Courts,
plus statutory requirements prescribed by law

Cuenco v. Fernan Doctrine - disbarment cannot be used to remove an encumbent judge,

as being a member of the bar is a minimum requirement set by law.

Republic v. Sereno Doctrine - Quo warranto as a remedy to oust an ineligible public

official may be availed of when the subject act or omission was committed prior to
or at the time of appointment or election relating to an official�s qualifications
to hold office as to render such appointment or election invalid. Acts or
omissions, even if it relates to the qualification of integrity being a continuing
requirement but nonetheless committed during the incumbency of a validly appointed
and/or validly elected official cannot be the subject of a quo warranto proceeding,
but of impeachment if the public official concerned is impeachable and the act or
omission constitutes an impeachable offense, or to disciplinary, administrative or
criminal action, if otherwise.

Doctrine of Declaration of Unconstitutionality - [GR] Once a law has been declared

unconstitutional, it is deemed to be that such law didn�t exist in the first place.
[EX] if such law: <--- Operative Fact Doctrine
i. creates office;
ii. creates rights;
iii. creates obligation; and
iv. is source of protection.

Modern View/ Doctrine of OPERATIVE FACT - �An unconstitutional law is not stricken
out of the statute books. It remains there, but the courts refuses to recognize it.
The reason is because, before it is declared unconstitutional, it enjoyed the
presumption of constitutionality. And during such time, there may be parties to
relied on such provision of the said law. So as to them, it shall remain valid � an
operative fact that the courts should not deny.�

Doctrine of Partial Unconstitutionality - [GR] Only the unconstitutional portion

shall be struck down, the valid portion may stand independently.
Requisite:
i. The Legislature must be willing to retain the valid portions, usually shown by
the presence of a separability clause
ii. The valid portion can stand independently as law
[Ex] when the struck down portion is the "essence" of the law.

Doctrine of RELATIVE CONSTITUTIONALITY - �The constitutionality of a statute

cannot, in every instance, be determined by a mere comparison of its provisions
with applicable provisions of the Constitution, since the statute may be
constitutionally valid as applied to one set of facts, but invalid if applied to
another.�

SC's power of supervision can be exercised over the JBC proceedings - observation
of due process minimum requirements: (1) notice and (2) opportunity to be heard

Chavez v. JBC Doctrine - Membership to the JBC (Art. VIII, Sec. 8) as ex-officio
member (either Senatorial President or Speaker of the House, depending on the
Congress discretion)

Bengzon v. Drilon Doctrine - Fiscal Autonomy (Art. VIII, Sec. 3 - Appropriations

for the Judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be automatically and
regularly released.), President has no authority to change that, even if it was
exercised through the partial veto power of the President on appropriation laws.
(ergo, it is an exception to the exception of President's veto power)

19. Laurel v. Abrogar Doctrine - Cases Raising Novel Question - lower courts
referring a case to SC for it to exercise its en banc jurisdiction. The en banc
decision is not considered as an alteration or concurrence of the referring court's
prior decision, it's holistically a separate decision issued by the SC en banc
thereof.

20. Cabuay v. Malvar Doctrine - The decision or pronouncement of one division of

the court may not be overturned by another division.

21. Supreme Court en banc - minimum requirement is the "majority" of the members to
constitute a quorum (currently there are 15 justices, so the minimum would be 8,
finality of judgement will be decided then by atleast 5 concurrences of the 8
justices).

22. Cruz v. Secretary Doctrine - en banc decisions, in case of deadlock, shall be

subjected to a reschedule for votation. In case of a second occurrence of a
deadlock after redeliberation, the petition shall now be dismissed.

23. Santiago v. COMELECT Doctrine - in case of a deadlock in the MR, the MR shall
be denied and the prior decision will stand.

24. Actual Case - Clash of Rights (assertions of constitutional rights being

violated)

25. Actual Controversy - Must be Ripe for Adjudication, otherwise it's moot and
academic. Ripeness is determinable if there is prima facie showing that the
constitution has been violated.
26. Locus Standing - [GR] Petitioner must have suffered from a direct injury before
he may assail the constitutionality of a law.
[Ex] Challenges to the Locus Standi Requisite: (VERY IMPORTANT)
i. There is a grave violation of the Constitution
ii. There is an exceptional character of the situation and paramount public
interest is involved. (Transcendental Importance)
iii. The constitutional issue raised require a formulation of controlling
principles to guide the bar, the bench, and the public. (Symbolic Function of the
Supreme Court - on exercising it's power of Judicial Review)
iv. The case is capable of repetition, though evasive. (As opposed to the Moot and
Academic Doctrine)

27. Raised at the Earliest Possible Opportunity - During the Initial Pleadings

28. Issue of Constitutionality must be the Lis Mota of the Case

29. Francisco v. HoR Doctrine - if there was already an impeachment complaint filed
against an impeachable officer, the succeeding impeachment complaints must be
dismissed.

30. Gutierrez v. HoR Doctrine - two impeachment complaints were filed, subsequent
from one another, an impeachment complaint is deemed initiated upon: (1) filing of
the impeachment complaint, AND (2) the referral by the House Plenary to the
Committee on Justice.

31. Tax Laws - Anyone can assail the constitutionality of a tax law and be afforded
legal standing on grounds of a generalized injury to the public - ratio: Tax is
money taken from the public to be used for public projects.

32. Doctrine of Heirarchy of Courts - Lower Courts before any other Appellate
Courts.

33. Doctrine of Concurrent Jurisdiction - Rule 65 of Rules of Court.

34. Macalintal v. President Electoral Tribunal Doctrine - earliest opportunity to

raise the question on constitutionality must be on the initial pleadings.

35. CBEA v. BSP Doctrine - Relative Constitutionality being applied - Equal

Protection was violated upon comparing rank and file employees of CBEA vs other
rank and file employees from other government bodies.

36. Razon v. Tagitis Doctrine - The power of the court to promulgate "Rules of
Procedure" to protect constitutional rights - Writ of Amparo, which protects the
constitutional right to life, liberty and security against enforced disappearances.

37. Re: Memorandum dated July 10, 2017 from AJ Teresita J. Leonardo-De Castro
Doctrine - appointments of all officials and employees of the Judiciary in
accordance with the Civil Service Law shall be made Supreme Court en banc

38. Judicial Clemency - in exercise of the Judicial Powers to discipline, they too
may impose judicial clemency.