ARTICLE VIII - JUDICIAL DEPARTMENT Flashcards
1
Q
T or F
The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
A
True Sec 1 Art 8
2
Q
T or F
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 a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
A
True. Sec 1 Art 8
3
Q
What is judicial power?
A
It is the court’s authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights.
4
Q
What is judicial review?
A
Judicial review refers to both the authority and duty of the courts to determine whether a branch or an instrumentality of government has acted beyond the scope of the latter’s constitutional powers.
5
Q
What is grave abuse of discretion?
A
GAD implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction or where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, which must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.
6
Q
What are the pillars of limitations to judicial review?
A
- That there be absolute necessity of deciding a case
- That rules of constitutional law shall be formulated only as required by the facts of the case
- That judgment may not be sustained on some other ground
- That there be actual injury sustained by the party by reason of the operation of the statute
- That the parties are not in estoppel
- That the court upholds the presumption of constitutionality
6
Q
What are the pillars of limitations to judicial review?
A
- That there be absolute necessity of deciding a case
- That rules of constitutional law shall be formulated only as required by the facts of the case
- That judgment may not be sustained on some other ground
- That there be actual injury sustained by the party by reason of the operation of the statute
- That the parties are not in estoppel
- That the court upholds the presumption of constitutionality
7
Q
What are the functions of judicial review? Explain each.
A
- Checking - check on the different bodies of government if there is abuse
- Legitimating - validating an act of the branch of government
- Symbolic - duty to formulate guiding and controlling principles, precepts, doctrines or rules
8
Q
What are the requisites of judicial review?
A
- There is an actual case or controversy
- Petitioners possess locus standi
- Question of constitutionality is raised at the earliest opportunity
- Issue of constitutionality is the lis mota of the case
9
Q
What is actual case or controversy?
A
It involves a conflict of legal rights, an assertion of opposite legal claims, susceptible of judicial resolution as distinguished from a hypothetical or abstract difference or dispute.
In other words, there must be a contrariety of legal rights that can be interpreted and enforced on the basis of existing law and jurisprudence.
10
Q
T or F
Controversy must be justiciable, definite and concrete, touching on the legal relations of parties having adverse legal interests, which may be resolved by a court of law through the application of a law.
A
True
11
Q
T or F
For a dispute to be justiciable, a legally demandable and enforceable right must exist as basis and must be shown to have been violated.
A
True.
12
Q
T or F
Whether a case actually exists depends on the pleaded allegations as affected by the elements of standing, as the status being a “real-party-in-interest” in criminal actions and as offended parties in special proceedings as interested parties.
A
True.
13
Q
T or F
An actual case or controversy means an existing case or controversy that is appropriate or ripe for determination, not conjectural or anticipatory, lest the decision of the court would amount to an advisory opinion.
A
True.
14
Q
T or F
The judicial power does not extend to hypothetical questions since any attempt at abstraction could only lead to dialectics and barren legal question and to sterile conclusions unrelated to actualities.
A
True.
15
Q
What is facial as applied challenge?
A
A facial challenge is an examination of the entire law, pinpointing its flaws and defects, not only on the basis of its actual operation to the parties, but also on the assumption or prediction that its very existence may cause others not before the court to refrain from constitutionally protected speech or activities.
16
Q
What are the two concepts that affect the existence of an actual case or controversy?
A
Ripeness and mootness
17
Q
What are the two concepts that affect the existence of an actual case or controversy?
A
Ripeness and mootness
18
Q
What is ripeness?
A
It relates to the premature filing of a case.
A question is ripe for adjudication when the act being challenged has had a direct adverse effect on the individual or entity challenging it.
19
Q
What is mootness?
A
It pertains to a belated or unnecessary judgment on the issues.
A case or issue is considered moot and academic when it ceases to present a justiciable controversy by virtue of supervening events, so that an adjudication of the case or a declaration on the issue would be of no practical value or use.
In such instance, there is no actual substantial relief which a petitioner would be entitled to, and which would be negated by the dismissal of the petition.
20
Q
T or F
The moot and academic principle is not a magical formula that can automatically dissuade the courts in resolving a case.
A
True.
21
Q
What are the instances wherein the SC will decide cases even if moot and academic?
A
- There is a grave violation of the Constitution
- The exceptional character of the situation and the paramount public interest is involved
- When constitutional issue raised requires formulation of controlling principles to guide the bench, bar and the public.
- The case is capable of repetition yet evading review
22
Q
What does “capable of repetition yet evading review” mean?
A
Two factors need to be considered:
- The challenged action was in its duration too short to be fully litigated prior to its cessation or expiration
- There was a reasonable expectation that the same complaining party would be subjected to the same action.
23
Q
What is locus standi?
A
Inextricably linked with the actual case or controversy requirement is that the party presenting the justiciable issue must have the STANDING to mount a challenge to the governmental act.
The necessity of a person’s standing to sue derives from the very definition of judicial power. Necessarily, the person availing a judicial remedy MUST SHOW THAT HE POSSESSES A LEGAL INTEREST OR RIGHT TO IT
It is defined as a personal and substantial interest in a case such that the party has sustained or will sustain direct injury as a result of the challenged governmental act.
24
T or F
The question of locus standi or legal standing focuses on the determination of whether those assailing the governmental act have the right of appearance to bring the matter to the court for adjudication.
True.
25
To show locus standi, what must a person demonstrate?
He must demonstrate that:
1. He has personally suffered some actual or threatened injury because of the allegedly illegal conduct of the government
2. The injury is fairly traceable to the challenged action
3. The injury is likely to be redressed by the remedy being sought Otherwise he would not be allowed to litigate.
26
What does interest in a case mean?
It means a material interest in an issue affected by a decree as distinguished from mere interest in the question involved, or a mere incidental interest.
There must be a present substantial interest and not a mere expectancy or a future, contingent, subordinate or consequential interest.
27
What is the direct injury test?
It requires that the person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained, or will sustain direct injury as a result.
28
T or F
The rule on standing is a matter of procedure, hence, can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers and legislators when the public interest so requires.
True.
29
T or F
Even for exceptional suits filed by taxpayers, legislators or concerned citizens, the party must claim some kind of injury-in-fact.
True.
30
T or F
For concerned citizens, there must be a showing that the issues raised are of transcendental importance which must be settled early.
True.
31
T or F
When suing as a citizen, the interest of the petitioner assailing the constitutionality of a statute must be direct and personal.
True.
32
T or F
| Taxpayers must show sufficient interest in preventing the illegal expenditure of money raised by taxation.
True.
33
T or F
For taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional.
True.
34
What is a taxpayer's suit?
A taxpayer's suit is allowed only when the petitioner has demonstrated the direct correlation of the act complained of and the disbursement of public funds in contravention of law or the Constitution, or has shown that the case involves the exercise of the spending or taxing power of Congress.
A taxpayer's suit contemplates a situation in which there is already an appropriation or a disbursement of public funds.
35
T or F
Each member of Congress has a legal standing to sue even without an enabling resolution for that purpose so long as the questioned acts invade the powers, prerogatives and privileges of Congress.
True.
36
What is the concept of third party standing?
Under this concept, actions may be brought on behalf of 3rd parties provided the following criteria are met:
1. The party bringing the suit must have suffered an injury-in-fact, thus giving him or her a sufficiently concrete interest in the outcome of the issue in dispute.
2. Party must have a close relation to 3rd party.
3. There must exist some hindrance to the 3rd party's ability to protect his own interest.
37
What are the requisites of transcendental importance?
1. The character of the funds or other assets involved in the case.
2. Presence of a clear case of disregard of a constitutional or statutory prohibition by the public respondent agency or instrumentality of the government
3. Lack of any other party with a more direct and specific interest in raising the questions being raised.
38
When is the earliest opportunity to raise a constitutional issue?
The earliest opportunity is to raise the constitutional issue is during the pleadings before a competent court.
If it was not raised in the pleadings before a competent court, it cannot be considered at the trial and on appeal.
39
What does lis mota mean?
It means the cause of the suit or action.
The Court will not pass upon a question of unconstitutionality although properly presented, if the case can be disposed of on some other ground.
40
Explain lis mota as a requirement.
The lis mota requirement means that the petitioner who questions the constitutionality of a law must show that the case cannot be resolved unless the disposition of the constitutional question is unavoidable.
41
T or F
The petitioner must be able to show that the case cannot be legally resolved unless the constitutional question raised is determined.
True.
42
What is a political question?
A political question arises when:
1. a textually demonstrable constitutional commitment of the issue to coordinate a political department; or a lack of judicially discoverable and manageable standards for resolving it;
2. or the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion;
3. or the impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government,
4. or an unusual need for unquestioning adherence to a political decision already made, or the potentiality of embarrassment from multifarious pronouncements by various departments on the one question.
43
T or F
The 1987 constitution expands the territory of justiciable questions and narrows the off-limits area of political questions.
True.
44
T or F
The constitutional framers deliberately expanded the Court's power of judicial review to prevent courts from seeking refuge behind the political question doctrine and turning a blind eye to abuses committed by the other branches of government.
True.
45
T or F
Political questions are concerned with issues dependent upon the wisdom, not the legality of a particular act or measure being assailed.
True.
46
T or F
Political questions refer to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch.
True.
47
T or F
If an issue is clearly identified by the text of the Constitution as matters for discretionary action by a particular branch of government or to the people themselves, then it is held to be a political question.
True.
48
T or F
Under the "political question" doctrine arising from the principle of separation of powers, the Judicial Branch cannot decide questions "in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government"
True.
49
T or F
In our jurisdiction, the determination of whether an issue involves a truly political and non-justiciable question lies in the answer to the question of "whether there are constitutionally imposed limits on powers or functions conferred upon political bodies."
True.
50
T or F
When political questions are involved, the Constitution limits the determination as to whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the official whose action is being questioned.
True.
50
T or F
When political questions are involved, the Constitution limits the determination as to whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the official whose action is being questioned.
True.
51
What are the 2 views on the effects of declaration of unconstitutionality?
1. Orthodox view
| 2. Modern view (Nachura and Isagani Cruz)
52
Explain the orthodox view.
This view is reflected by the following provision:
| "The general rule is that a void law or administrative act cannot be the source of legal rights or duties."
53
T or F
Under the modern view, an unconstitutional act, whether legislative or executive, is not a law, confers no rights, imposes no duties, and affords no protection.
False, orthodox view.
54
Explain the modern view.
Under this view, the question of constitutionality does not annul or repeal the statute if it finds it in conflict with the Constitution and it SIMPLY REFUSES TO RECOGNIZE IT and determines the rights of the parties just as if such statute had no existence.
55
Explain the modern view.
Under this view, the question of constitutionality does not annul or repeal the statute if it finds it in conflict with the Constitution and it SIMPLY REFUSES TO RECOGNIZE IT and determines the rights of the parties just as if such statute had no existence.
56
What is the operative fact doctrine?
It recognizes the existence and validity of a legal provision prior to its being declared as unconstitutional and hence, legitimizes otherwise invalid acts done pursuant thereto because of consideration of practicality and fairness.
57
T or F
The doctrine of operative fact nullifies the effects of an unconstitutional law or an executive act by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences that cannot always be ignored.
True.
58
Discuss the composition of the Supreme Court
The SC is composed of a Chief Justice and 14 associate justices.
59
T or F
| The SC may sit en banc or in its discretion, in division of 3, 5, or 7 members.
True.
60
T or F
| Any vacancy in the SC shall be filled within 60 days from the occurrence thereof.
False, 90 days.
61
T or F
The Supreme Court is composed of a Chief Justice and 14 Associate Justices, who all shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, which appointments require confirmation by the Commission on Appointments.
False, confirmation by CA not needed.
62
T or F
| The appointment by the President of a Chief Justice can be in an acting capacity.
False, never in an acting capacity.
63
T or f
The Supreme Court sitting en banc is not an appellate court vis-a-vis its divisions, and it exercises no appellate jurisdiction over the latter.
True.
64
T or f
The Supreme Court sitting en banc is not an appellate court vis-a-vis its divisions, and it exercises no appellate jurisdiction over the latter.
True.
65
T or F
| The prohibition against midnight appointments extends to the Presidents appointment of the members of the SC.
False, the prohibition does not refer to Members of the SC, since any vacancy must be filled within 90 days.
66
What are the qualifications of a Justice in the Supreme Court?
1. Natural born citizen of the PH
2. At least 40 years old
3. Must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
67
What are the qualifications of lower court judges?
1. Under the Constitution, must be a natural born citizen of the PH and a member of the PH Bar.
2. Under RA 114591, for RTC judge, at least 35 years old and at least 10 years engaged in the practice of law or has held a public office in the PH requiring admission to the practice of law as an indispensable requisite.
3. Under RA 114591, for MTC judge, at least 30 years old and at least 5 years engaged in the practice of law or has held a public office in the PH requiring admission to the practice of law as an indispensable requisite.
68
T or F
| A member of the judiciary must be a person of proven competence, integrity, probity and independence.
True.
69
T or F
The salary of the Chief Justice and of the Associate Justices of the Supreme Court and of the judges of the lower courts shall be fixed by law. During the continuance in office, their salary shall not be decreased.
True. sec 10
70
T or F
| The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts
True.
71
T or F
| No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its members.
True.
72
T or F
Members of the Supreme Court and judges of the lower courts shall hold office during good behavior until they reach the age of 60 years or become incapacitated to discharge the duties of their office.
False, 70 years
73
T or F
The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issue in the case and voted in thereon.
True.
74
T or F
| The Judiciary shall enjoy fiscal autonomy.
True.
75
T or F
Appropriations for the Judiciary may be reduced by the legislature below the amount appropriated for the previous year, and after approval, shall be automatically and regularly released.
False, may not be reduced by legislature below the amount of previous year
76
What is judicial independence?
It encompasses the idea that individual judges can freely exercise their mandate to resolve justiciable disputes, while the judicial branch, as a whole, should work in the discharge of its constitutional functions free of restraints and influence from the other branches, save only for those imposed by the Constitution itself.
77
What are the two concepts of judicial independence?
1. Decisional independence
| 2. Institutional independence
77
What are the two concepts of judicial independence?
1. Decisional independence
| 2. Institutional independence
78
What is decisional independence?
It refers to a judge's ability to render decision free from political or popular influence based solely on the individual facts and applicable law.
79
What is decisional independence?
It refers to a judge's ability to render decision free from political or popular influence based solely on the individual facts and applicable law
80
What is decisional independence?
It refers to a judge's ability to render decision free from political or popular influence based solely on the individual facts and applicable law
81
What is institutional independence?
It refers to the separation of the judicial branch from the executive and legislative branches of government.
82
T or F
The grant of fiscal autonomy to the Judiciary is more extensive than the mere automatic and regular release of its approved annual appropriations.
True.
83
T or F
| Judicial restrain is founded on a policy of conscious and deliberate caution.
True.
84
T or F
| The Court should refrain from speculating on the facts of a case and should allow parties to shape their case instead.
True.
85
What are the safeguards of judicial independence?
1. The SC is a constitutional body, it may not be abolished by legislature
2. Members of the SC are removable only by impeachment
3. SC may not be deprived of its minimum original and appellate jurisdiction; appellate jurisdiction may not be increased without its advice and concurrence.
4. The SC has administrative supervision over all inferior courts and personnel
5. The SC has the exclusive power to discipline judges/justices of inferior courts
6. The members of the Judiciary have security of tenure
7. The members of Judiciary may not be designated to any agency performing quasi-judicial or administrative functions
8. Salaries of judges may not be reduced and the Judiciary enjoys fiscal autonomy
9. The SC alone may initiate and promulgate the Rules of Court
10. The SC alone may order temporary detail of judges
11. The SC can appoint all officials and employees of the Judiciary.
86
T or F
| Congress cannot increase the appellate jurisdiction of the judiciary without its advice and concurrence
True.
87
What are the exclusive powers of the Supreme Court?
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. (Writs of certiorari, prohibition and mandamus are shared with RTC and CA)
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, the final judgments and orders of lower courts
88
What is the doctrine of hierarchy of courts?
It is a practical judicial policy designed to restrain parties from directly resorting to the Court when relief may be obtained before the lower courts.
89
T or f
The Constitution requires that the existence of final judgments and orders of lower courts before the Court can exercise its power to review, revise, reverse, modify or affirm on appeal or certiorari.
True.
90
T or f
| The SC shall have administrative supervision over all courts and the personnel thereof.
True.
90
T or f
| The SC shall have administrative supervision over all courts and the personnel thereof.
True.
91
T or F
No other branch of government may intrude into the judicial administrative power, without running afoul of the doctrine of separation of powers.
True.
92
T or F
| The administrative powers of the Court are vested in the members of the SC sitting en banc as a collegial body.
True.
93
Can the SC en banc delegate its administrative power?
Yes, but the delegates may no longer re-delegate the authority or power delegated to them.
94
T or F
The Supreme Court may assign temporarily a RTC judge to another region as public interest may require, provided that such temporary assignment shall not last longer than 3 months without the consent of the RTC judge concerned.
False, 6 months
95
T or F
The power to promulgate rules of pleading, practice and procedure is the SC's exclusive domain and is no longer shared with the Executive and Legislative departments.
True.
95
T or F
The power to promulgate rules of pleading, practice and procedure is the SC's exclusive domain and is no longer shared with the Executive and Legislative departments.
True.
96
T or F
The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative function.
True. Except for those provided by the Constitution itself.
97
T or F
| Each division of the Court is not an inferior body to the Court en banc as it sits veritably as the Court en banc itself
True.
97
T or F
| Each division of the Court is not an inferior body to the Court en banc as it sits veritably as the Court en banc itself
True.
98
T or F
All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
True.
98
T or F
All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
True.
99
What particular matters must the SC decide en banc?
1. All cases involving the constitutionality of a treaty, international or executive agreement, or law,
2. Cases raising novel questions of law
3. Cases affecting ambassadors, other public ministers and consuls
4. Cases involving decisions, resolutions, and orders of the COMELEC and COA
5. Cases where the penalty recommended or to be imposed is the dismissal of a judge, official or personnel of the Judiciary, disbarment of a lawyer, suspension of any of them for a period of more than 1 year or a fine exceeding 40,000
6. Cases involving reinstatement of a dismissed judge, reinstatement of a lawyer, or lifting of suspension
7. Cases involving the discipline of a member of the Court
8. Cases where a doctrine or principle laid down by the Court en banc or by division may be modified or reversed
9. Cases involving conflicting decisions of 2 or more divisions
10. Cases where votes in a division cannot be obtained
11. Division cases where the subject matter has a huge financial impact on businesses or affects the welfare of the community
12. Cases that the Court en banc deems of sufficient importance
13. All matters involving policy decisions in the administrative supervision of all courts and personnel.
14 Division cases that are appropriate for transfer to the Court en banc
100
Differentiate cases and matters.
Cases are "decided" while matters which include motions are "resolved"
101
T or f
If the voting results in a tie, the motion for reconsideration is lost, and the assailed decision is not reconsidered and must therefore be deemed affirmed.
True.
102
What is the effect of absence of certification at the end of the decision by SC?
It would serve as evidence of failure to observe the certification requirement and may be the basis for holding the official responsible for the omission to account therefor.
Such absence would not have the effect of invalidating the decision.
103
T or F
No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.
True.
104
T or F
No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.
True.
105
T or F
A decision that does not clearly and distinctly state the facts and the law on which it is based leaves the parties in the dark as to how it was reached an is precisely prejudicial to the losing party, who is unable to pinpoint the possible errors of the court for review by a higher tribunal.
True.
106
T or F
Courts and judges are allowed to synthesize and simplify their decisions considering that at present, courts are harassed by crowded dockets and time constraints.
True.
107
T or F
| A point-by-point consideration and resolution of the issues raised by the parties is required.
False, not required.
108
What are the essential parts of a good decision?
1. Statement of the case
2. Statement of facts
3. Issues or assignment of errors
4. Court ruling, in which each issue is separately considered and resolved
5. Dispositive portion
109
T or F
The SC has sanctioned the use of memorandum decisions which is a specie of succinctly written decisions by appellate courts on the grounds of expediency, practicality, convenience and docket status of our courts.
True.
109
T or F
The SC has sanctioned the use of memorandum decisions which is a specie of succinctly written decisions by appellate courts on the grounds of expediency, practicality, convenience and docket status of our courts.
True.
110
T or F
| The Court is not duty bound to render full-length signed decisions at all times.
True. It has ample discretion to formulate unsigned or minute resolutions supported by cited legal bases.
111
T or F
All cases or matters filed after the 1987 Constitution must be decided or resolved within 24 months from date of submission for the Supreme Court, 12 months for lower collegiate courts, and 3 months for all other lower courts.
True.
112
T or F
A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or the court itself
True.
113
T or F
Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.
True.
114
What is the composition of the Judicial and Bar Council?
1. Chief Justice as ex officio chairman
2. Secretary of Justice
3. A Representative of Congress as ex officio members
4. A representative of the IBP
5. A professor of law
6. A retired member of the SC
7. A representative of the private sector
115
T or F
| The JBC is an office subordinate to the Supreme Court.
True.
116
T or F
It is the SC that determines the emoluments of the regular JBC members and provides for the appropriations of the JBC in its annual budget.
True.
117
T or F
| The Court's supervisory power consists of seeing to it that the JBC complies with its own rules and procedures.
True.
118
T or F
| The Court's supervisory power consists of seeing to it that the JBC complies with its own rules and procedures.
True.
119
T or F
| Congress is entitled only to one seat in the JBC.
True. Either from Senate or Congress. One person only. (Chavez vs JBC)
120
T or F
The regular members of the JBC shall be appointed by the President for a term of 3 years without the need of consent of the Commission on Appointments.
False, 4 year term, consent of Commission on Appointments needed.
121
What are the terms of JBC who are not regular members?
IBP - 4 years
Professor - 3 years
Retired Justice - 2 years
Representative of private sector - 1 year
122
T or F
| The Clerk of the Supreme Court shall be the Secretary ex officio of the JBC and shall keep a record of its proceedings
True.
123
What is the principal function of the JBC?
To recommend appointees to the judiciary. It may also exercise such other functions and duties as the Supreme Court may assign to it.
124
T or F
The JBC was created to support the executive power to appoint, and Congress, as one whole body, was merely assigned a contributory non-legislative function.
True.
125
T or F
The members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least 3 nominees prepared by the JBC for every vacancy.
True.
126
T or F
| The appointment of members of the SC and members of lower courts need confirmation.
False, need no confirmation
127
T or F
| For lower courts, the President shall issue the appointment within 90 days from the submission of the list.
True.
128
T or F
In carrying out its main function, the JBC has the authority to set the standards/criteria in choosing its nominees for every vacancy in the judiciary, subject only to the minimum qualification required by the Constitution and law.
True.
129
T or F
The President must choose from the list of nominees submitted by the JBC and cannot appoint others that are not in the list
True.
130
T or F
| The President can appoint an individual not nominated by the JBC.
False.
