Professional Documents
Culture Documents
(SY 2018-2019)
Assignment 2
1. What are the judicial, supervisory and rule making powers of the Supreme Court
under the Constitution?
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2. In order for a case to prosper, the court must have “jurisdiction,” the power to speak
(dicere-diction) the law (juris). Jurisdiction is divided into three parts: 1) subject
matter jurisdiction, 2) personal jurisdiction, and 3) notice and opportunity to be heard.
The court needs all three types of jurisdiction to proceed to adjudicate the lawsuit. In
addition, venue must be properly laid: plaintiff must bring the suit in the proper place.
2.1. Define
a. Subject Jurisdiction
- Power to hear and decide cases of the general class to which the
proceedings in question belong and is conferred by the sovereign
authority which organizes the court and defines its powers.
Otherwise stated, jurisdiction over the subject matter or subject
jurisdiction is meant the nature of the cause of action and of the relief
sought that is conferred by the sovereign authority which organizes
the court, and is to be sought for in general nature of its power or in
the authority specially conferred.
b. Personal Jurisdiction
2.2. Determinant
3. Submit a digest of “Gonzales vs. GJH Land, Inc., G.R. No. 202664, Nov. 20, 2015”
- ( in a separate document)
a. CTA
b. Sandiganbayan
c. Sharia District Courts
d. Sharia Circuit Courts
7. Which court has jurisdiction to hear the Leila De Lima case? Sandiganbayan or RTC?
- RTC has the jurisdiction to hear the Leila De Lima case, since it involves
violation of RA 9165 or the Comprehensive Dangerous Drugs Act
- Section 90 of RA 9165, states that Supreme Court shall designate special courts
from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of this Act. The number of
courts designated in each region shall be based on the population and the number
of cases pending in their respective jurisdiction.
- The power of the courts to test the validity of the executive and legislative acts in
the light of their conformity to the constitution. This is not an assertion of
superiority by the courts over the departments, but merely an expression of
supremacy of the Constitution. This power is inherent in the Judicial Department,
by virtue of separation of powers.