CONSTITUTION of GOVERNMENT

ARTICLE VIII: THE JUDICIAL

DEPARTMENT
JUDICIAL POWER includes the duty of the
courts of justice:
1] to SETTLE actual ________ involving
rights which are legally demandable and
enforceable, and
2] to DETERMINE whether or not there
has been a grave abuse of discretion
amounting to lack or excess of _______ on

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL DEPARTMENT
- INDEPENDENCE OF JUDICIARY
1] Congress may not deprive the Supreme Court of the
_________ powers granted to it;
2] Congress cannot prescribe the manner in which the
Supreme Court should sit, and determine the number of Justices
composing the court;
3] The Supreme Court is given the authority to appoint all
officials and employees of the Judiciary;
4] The members of the Supreme Court and judges of lower
courts enjoy _________ of tenure: shall hold office during good
behaviour until they reach the age of _____ years or become
incapacitated to discharge the duties of their office.

ARTICLE VIII: THE JUDICIAL DEPARTMENT

- JURISDICTION refers to the _____ or authority of the court to
hear, try and decide a case.
- The ff 5 petitions are within the original jurisdiction of the
Supreme Court:
1] certiorari- a writ issued from a superior court (SC, CA, RTC)
requiring a lower or a board, or officer exercising judicial functions
to transmit the records of a case to the superior court for
purposes of ____. It will lie when such tribunal, etc., has acted
without or in excess of its or his jurisdiction, or with grave abuse
of discretion, and appeal or any other remedy is not available to
the aggrieved party.

2] prohibition- a writ by which a superior court commands a

lower court or a corporation, board or person acting without or in
excess of its or his jurisdiction, or with grave abuse of discretion,

ARTICLE VIII: THE JUDICIAL DEPARTMENT

3] mandamus- an order issued by a superior court
commanding a lower court or a corporation, board or person to
perform a certain act which it is its or his duty to do.
Mandamus is an affirmative remedy ordering a certain act to be
done.
G.R. No. L-27501 April 30, 1971 PHILIPPINE NATIONAL RAILWAYS,
petitioner,
vs.PILAR POBRE, VICTORINO CUSI and COURT OF APPEALS (Special
Division of Five Justices created under Special Order No. 732 dated
February 11, 1967), respondents.
- the Philippine National Railways filed a petition for mandamus and
certiorari (G.R. L-27501) against the Court of Appeals and the spouses Victorino
Cusi and Pilar Pobre,

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL DEPARTMENT

4] quo warranto- an action by the government to recover an

office or franchise from an individual or corporation usurping or
unlawfully holding it.
(Topacio vs. Assoc. Justice of Sandiganbayan Gregory Ong and
the Solicitor General) G.R. No. 179895

ARTICLE VIII: THE JUDICIAL DEPARTMENT

-JURISDICTION

5] a] Writ of habeas corpus- a writ directed to the person detaining another,

commanding him to produce the body to a competent court to determine
the _____ of the detention. If found illegal, the court orders the release of the
detainee. If, however, the detention is proven lawful, then the habeas corpus
proceedings terminate.

b] The Writ of _______ is a remedy available to any person whose right to

life, liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a private
individual or entity, including extra-legal killings and enforced __________ or
threats thereof (Sec. 1, Rule on the Writ of Amparo).

c] The Writ of Habeas Data is a remedy available to any person whose right
to ________ in life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the
aggrieved party (Sec. 1, Rule on the Writ of Habeas Data).

CONSTITUTION of GOVERNMENT

ARTICLE VIII: THE JUDICIAL DEPARTMENT

JUDICIAL REVIEW is the power and duty given to the courts, ultimately and
notably the highest court- to DECLARE a law, treaty, international or executive
agreement, presidential decree, proclamation, order, instruction, _________, or
regulation unconstitutional (Bernas 2006:341).

- Requisites for judicial review:

a] Actual _____ or controversy;
b] The constitutional question must be raised by the PROPER
PARTY, one
who has sustained or in imminent danger of
sustaining
an injury as a result of the act complained of;
c] The _________ question must be raised at the earliest
opportunity;
d] The decision on the constitutional question must be
must be DETERMINATIVE of the case itself.

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL
DEPARTMENT
-Pursuant to the doctrine of __________ of courts,
direct resort from the lower courts to the Supreme
Court will not be entertained unless the appropriate
remedy cannot be obtained in the lower tribunals.
-The Supreme Court is a court of ______ resort, and
must so remain if it is to satisfactorily perform the
functions assigned to it by the Constitution and
immemorial tradition.

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL
DEPARTMENT
offenses punishable with
REGIONAL TRIAL COURTS:

imprisonment exceeding ___

years.

forcible _____, unlawful

METROPOLITAN TRIAL COURT/:detainer, small claims,
violations of ____ or
MUNICIPAL TRIAL COURTS/
municipal ordinance,
MUNICIPAL CIRCUIT COURTS offenses punishable with
imprisonment not
exceeding 6 years.

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL
DEPARTMENT
- SUPREME COURT

(14 + 1CJ)

COURT OF APPEALS

(68 + 1 PJ)

REYES, JR.

SC Chief Justice Maria Lourdes

- Presiding Justice ANDRES B.

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL
DEPARTMENT
-Appeal:

CONSTITUTION of GOVERNMENT
ARTICLE VIII: THE JUDICIAL
DEPARTMENT
- QUALIFICATIONS: A member of the Supreme Court or
any lower collegiate court must be a _________- BORN
citizen of the Philippines; a member of SC must be at
least _____ years of age, and must have been for 15
years or more a judge of a lower court or engaged in
the practice of law.

- A JUDGE must be a citizen of the Philippines and

a member of the Philippine Bar.

- A member of the Judiciary must be a PERSON OF

ARTICLE VIII: THE JUDICIAL DEPARTMENT

ISSUES: (please start reading and
reflecting about these)
1] justice for sale?
2] doctrine of condonation
3] justice delayed, justice denied

CONSTITUTION of GOVERNMENT
ARTICLE X: LOCAL GOVERNMENT
Sec. 1 Territorial and _______
Subdivisions of RP:
1] Provinces
2] Cities
3] Municipalities
4] Barangays
5] ARMM- CAR-

ARTICLE X: LOCAL GOVERNMENT

Requisites of Creation:
ANNUAL
INCOME

POPULATION

LAND AREA

(minimum)

Barangay

Municipality
Component City
Highly Urbanized
City

At least 2, 000
except
Metropolitan
political
subdivision: 5, 000
P 2, 500,000 At least 25, 000
P ___, 000,
At least 150, 000000P 50, 000,
200, 000
000

____ sq km
100 sq km

ARTICLE X: LOCAL GOVERNMENT

Sec. 2 Local Autonomy- is the exercise of certain basic
_______
[i.e., taxing power, police power, eminent domain,
etc.] so as to serve the best interest and promote the general
well- being of their inhabitants.
- all political subdivisions shall enjoy local ________;
- this does not mean that the LGUs are completely free from
the central government:
1] judiciary may still pass on LGU actions;
2] President may exercise disciplinary power over LGU
officials through DILG.

CONSTITUTION of GOVERNMENT
ARTICLE X: LOCAL GOVERNMENT
DECENTRALIZATION of POWERS- is
the abdication by the ______
government of political power in favour
of the local government.

- Sec. 3 RA # 7160- The ______

Government Code of 1991, made
effective on January 1, 1992.

ARTICLE X: LOCAL GOVERNMENT

Sec. 4 Presidential Supervision of LGUs:
1] The President exercise GENERAL ______________ over all LGUs;
2] The President exercises ___________ supervision over:
a] provinces b] autonomous regions c] independent cities
3] This power is limited to ensuring that lower officers exercise
their
functions in accordance with law
4] The President CANNOT substitute his judgment for that of an
LGU official
unless the latter is acting contrary to law
5] The President may, however, impose ______________ sanctions
against
LGU officials such as suspension for 120 days;
6] Provinces exercise DIRECT supervision over component cities
and
municipalities;
7] Cities and municipalities exercise DIRECT supervision over
component
barangays.

CONSTITUTION of GOVERNMENT

ARTICLE X: LOCAL GOVERNMENT

Sec. 5 Each Local Government shall have the power to create

own sources of _________ or levy taxes, fees and
charges--- subject to the guidelines and limitations set in RA
#7160.
- Sec. 6 LGUs shall have a just share in national taxes
(limited to the Internal Revenue __________ (IRA), which shall
be automatically released to them.
- Share of LGUs in National Wealth:
- LGUs are entitled to an equitable share in the
proceeds of the utilization and _____________ of the
national wealth within their respective areas in the manner

CONSTITUTION of GOVERNMENT
ARTICLE X: LOCAL GOVERNMENT
Sec. 8 TERM of OFFICE:
- elective local officials have a term of ____
years.
- no elective official shall serve for more than 3
consecutive terms; voluntary ____________ of office
for any length of time shall NOT be considered as an
interruption in the continuity of his service for the full
term for which he was elected.

ARTICLE X: LOCAL GOVERNMENT:

QUALIFICATIONS:
Citizenship
Age

Literacy
Registered voter

Residency
TERM LIMITS:

LGU candidates

_____________ of the Philippines

On the day of the election
- at least 23 years of age [for governor, VG, member of the
sangguniang panlalawigan, mayor, VM, or member of the sangguniang
panlungsod of highly urbanized cities];
- at least 21 years of age [for mayor or VM of independent
components cities, component cities, or municipalities]
- at least 18 of age [for member of the sangguniang panlungsod
or sangguniang bayan, or punong barangay or member of the
sangguniang barangay]
Able to read & write Filipino or any other language or dialect
In the barangay, municipality, city or province, or n case of a member of
the sangguniang panlalawigan, panlungsod or bayan, the district where he
intends to be elected.
At least 1 year immediately preceding the day of the election
Not more than 3 consecutive terms;
A term is for 3 years

CONSTITUTION of GOVERNMENT
ARTICLE X: LOCAL GOVERNMENT
- Sample case: A ran for Mayor against
B, and was proclaimed, assumed and
served in office as Mayor for the first 2
years. Bs protest was granted and B
served the remaining term of one year.
Can B collect the salaries for the
first two years?
No. The right to salary is based on the
right to office from date of actual
commencement (Rodriguez vs. Tan, 91 Phil. 724).

CONSTITUTION of GOVERNMENT

ARTICLE X: LOCAL GOVERNMENT

If A had previously served 2 terms,
would he be barred from running for
re-election?
-No, because there is an interruption in his
third term, applying by analogy the rule that a
Mayor who has served three (3) consecutive
terms may run in the recall election because
there has been an interruption after service for
three terms.
- _________

CONSTITUTION of GOVERNMENT
ARTICLE X: LOCAL GOVERNMENT

Does the City of Paraaque have the

power to impose realty tax on the Manila
International Airport Authoritys (MIAAs)
Airport Lands and Buildings?
- No, MIAA is exempt from real estate taxes
imposed by local government for the
following reasons:
- First, MIAA is not a government-owned or
controlled corporation but an
instrumentality of the National
Government ; thus, exempt from local
taxation. Second, the real properties of

THE BUREAUCRACY: meritocracy and

competence
- literally means rule by ____________; it is the
administrative machinery of the state, or more broadly, a
rational and rule- governed mode of organization.
- the masses ranks of civil ________ and (non- elected)
public officials who are charged with the execution of
government business; provision of goods and services.
- Core Functions of Bureaucracy:
a] to implement or execute law and policy through
the administration of government _______.
b] to provide ________ advice to department
secretaries, or public officials.
c] to maintain _________ stability and continuity when
there is a change of government or administration.

The Philippine Bureaucracy

Composed of 1.5 million personnel
Executive 724,247 personnel (94%)
Legislature 5,098 personnel (<1%)
Judiciary 22,435 personnel(3%)

Payroll: natl govt (65%), GOCC (11%), local govt (24%)