CONSTI Judiciary

Question 1

Courts of Justice

Answer 1

Are the bastion (upholds certain principles) of the rights and liberties of the people.

Question 2

Independence of the Judiciary

Answer 2

To maintain the independence of the judiciary, the following safeguards have been embodied in the constitution:

1. The SC is a constitutional body. It cannot be abolished nor may its membership or the manner of its meetings be changed by mere legislation.
2. The members of the SC may not be removed except by Impeachment
3. May not be deprived of its mininum original and appellate jurisdiction ( Article VIII, Section 5, of the Constitution)
4. The appelate jurisdiction of the SC may not be increased by law without its advice and concurrence
5. Appointees to the judiciary are now nominated by the judicial and bar counciland no longer subject to confirmation by the Commission on Appointments.
6. The SC now has administrative supervision over all lower courts and their personnel
7. The SC has exclusive power to **discipline judges of lower courts. **
8. SC and lower courts have security of tenure, which cannot be undermined by a law reorganizing the judiciary
9. They shall not be designated to any agency performing Quasi-judicial or administrative functions
10. The **salaries of judges may not be reduced **during their continuance in office
11. Fiscal autonomy
12. SC can appoint all officials and employees of the judiciary

Question 3

What is judicial power?

Answer 3

Section 1. The judicial power shall be vested (This means it officially belongs to them now, and they have full ownership and control over it. So, being vested means having full rights or ownership of something) in one Supreme Court and in such lower courts as may be established by law.

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.

Question 4

These tribunals make up the judicial department of our government.

Answer 4

As here used is to be understood as refering to all other courts below the SC. SC is the only constitutional court, all the lower courts being of statutory creation. Together with the SC, these tribunals make up the judicial department of our government.

Question 5

The different lower courts under present laws are:

Answer 5

CA, RTC,Family courts, MCTC, the Court of Tax Appeals

Question 6

Special Statutory courts

Answer 6

Sandiganbayan as well as the Shari’a courts.

Question 7

Meaning of “grave abuse of discretion,”

Answer 7

The power to review even the political decisions of the executive and the legislature and to declare their acts invalid for lack or excess of jurisdiction because tainted with grave abuse of discretion.

Question 8

When an action of the legislative branch is seriously alleged to have infringed the Constitution

Answer 8

It becomes not only the right but in fact the duty of the judiciary to settle the dispute.

Question 9

Is the SC jurisdiction or judicial power restricted to those enumerated in Sections 1 and 5 of Article VIII?

Answer 9

No, for instance, its jurisdiction to be the sole judge of?
1. All contests relating to the election, returns, and qualifications of the President of Vice-President
2. The power of the court to review on certiorari the decision, order, or ruling of the Comelec and Commissions on audit
3. The SC may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of Martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof

Question 10

What is the standard of review in a petition for certiorari?

Answer 10

Whether the respondent has committed any grave abuse of discretion amounting to lack or excess of jurisdiction in the performance of his or her functions.

Question 11

Grave abuse is not the proper too to review the sufficiency of the factual basis of the proclamation or suspension thus (means because of this reason or as a result)

Answer 11

In determining the sufficiency of the factual basis for the extension of martial law, the court needs only to assess and evaluate the written reports of the government agencies tasked in enforcing and implementing martial alw

Question 12

Jurisdiction is defined as

Answer 12

The authority by which the courts take cognizance of and decide cases, the legal right by which judges exercise their authority.

Question 13

(Appointments topic) What is the intention of a new process of appointment that prescribed for the judiciary under Article VIII?

Answer 13

JBC- Takes the place of the COA in the matter of judicial appointments
COA- Political body likely to be influenced by considerations other than the merits of the candidate for judicial office.

To de-politicize (To de-politicize means to strip away the political influence from an issue or entity, aiming for neutral and impartial decisions) our courts of justices, ensure the choice of competent judges, and fill existing vacancies as soon as possible so as not to unduly disrupt judicial proceedings:

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointment within ninety days from the submission of the list.

Question 14

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointment within how many days?

Answer 14

ninety days from the submission of the list.

Question 15

(Appointments topic) what is the reason for requiring at least three nominees for every vacancy?

Answer 15

it is to give the President enough leeway in the exercise of his discretion when he makes his appointment. If the nominee were limited to ony one, the appointment would in effect be made by the Judicial and Bar Council, with the President performing only the mechanical act of formalizing the commision

Note: The President is not bound by the clustering of nominees by the JBC and may consider as one separate shortlists of nominees concurrently submitted by the JBC

Question 16

What are the qualifications for the Supreme Court?

Answer 16

Section 7. No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

1. A natural-born citizen of the Philippines.
2. A Member of the Supreme Court must be at least forty years of age,
3. and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
4. and of proven competence, integrity, probity, and independence.

The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Question 17

What are the qualifications for the qualifications of members of collegiate courts?

Answer 17

The qualifications of members of collegiate courts lower than the
Supreme Court are scattered through the three paragraphs of Section 7.
They must be natural-bom citizens of the Philippines, a Member of the
Philippine Bar, of proven competence, integrity, probity, and independence,
and possessing such other qualifications as may be prescribed
by Congress.

1.Natural-born citizens of the Philippines
2.Member of the Philippine Bar
3.of proven competence, integrity, probity, and independence

Question 18

What are the qualifications of judges of single-member courts?

Answer 18

The qualifications of judges of single-member courts are set down
in Section 7(2) and (3). It should be noted that they can be either natural-
born or naturalized citizens. The intent of this provision is to open
up courts lower than collegiate courts to naturalized citizens and the
tenor of the debate on this subject was that Congress cannot require that
judges of courts lower than collegiate courts be natural-born citizens.

Question 19

The following are the collegiate courts in the Philippines:

Answer 19

• Supreme Court
• Court of Appeals
• Sandiganbayan
• Court of Tax Appeals

Collegiate courts are called that because they operate with a group or panel of judges, rather than just one judge. The word “collegiate” comes from the concept of colleagues working together. In these courts, judges collaborate, deliberate, and make decisions as a group, ensuring a more thorough and balanced approach to legal rulings. It’s like a team effort to make the best decision.

Question 20

Section 7. No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Are the qualifications enumerated under section 7 of Article 8, may be reduced or increased by the congress?

Answer 20

In the case of Supreme Court, these may not be altered by Congress. in an exclusive manner, may not be reduced or increased by the congress through ordinary legislation.

Note: But in the case of the judges of the lower courts, it is expressly permitted for the Congress to add to the constitutional qualifications, the same being only mininum requirements. Ex Age, practice qualifications for such judges in addition to citizenship and professional qualifications prescribed in Section 7 (2)

Question 21

What are the functions or authorities of JBC (the constitutional body)

Answer 21

The principal function of the Council is to recommend to the President appointees
to the Judiciary. From among the nominees the President appoints judges
without need for confirmation by a Commission on Appointments.

Searching for, screening and selecting applicants relative to recommending appointees to the judiciary has the authority to set the standards/criteria in choosing its nominees for every vacancy in the judiciary, subject only to the mininum qualifications required by the Constitution and law for every position. Its discretion is freed from legislative, executive or judicial intervention to ensure that the JBC is shielded form any outside pressure and improper influence. Ex. Limiting qualified applicants in this case to those judges with five years of experience was an exercise of discretion by the JBC

Question 22

JBC under the supervision of SC is composed of?

Answer 22

Section 8. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

The Council shall have the principal function of recommending appointees to the judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

1.Chief Justice as ex officio Chairman
2.The Secretary of Justice, and
3.a representative of the Congress as ex officio Members,
4.a representative of the Integrated Bar,
5.a professor of law,
6.a retired Member of the Supreme Court,
7.and a representative of the private sector.

Question 23

The Judicial Bar Council functions under the supervision of the Supreme
Court with the Clerk of the Supreme Court as ex-ojficio Secretary. The
Council is composed of?

Answer 23

three ex-ojficio members (the Chief Justice, as
ex-officio Chairman, the Secretary of Justice, and a representative of
Congress) and four regular members. The regular members are a representative
of the Integrated Bar, a professor of law, a retired Member
of the Supreme Court, and a representative of the private sector. The
regular members are appointed by the President for a term of four years
with the consent of the Commission on Appointments. The four year
term allows for the staggering of appointments for purposes of continuity.
231 The requirement that the regular members be appointed with the
consent of the Commission on Appointments allows a political check
on the President’s appointing authority which otherwise would be the
sole political influence on judicial appointments.2 32

Question 24

Section 5. The Supreme Court shall have the following powers:

Answer 24

Section 5. The Supreme Court shall have the following powers:

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

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:

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.

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

All cases in which the jurisdiction of any lower court is in issue.

All criminal cases in which the penalty imposed is reclusion perpetua or higher.

All cases in which only an error or question of law is involved.

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.

Order a change of venue or place of trial to avoid a miscarriage of justice.

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 under-privileged. 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.

Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Question 25

What is the meaning of Fiscal autonomy

Answer 25

Means freedom from outside control

Question 26

According to Supreme Court, The judiciary’s fiscal autonomy entitles it to?

Answer 26

Levy, assess and collect fees

Question 27

Composition of the Supreme Court

Answer 27

Section 4. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

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.

Cases or matters heard by a division shall be decided or resolved 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, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Question 28

What cases must be heard en banc?

Answer 28

By command of the Constitution the following cases have to be heard and decided en banc:
(1) all cases involving the constitutionality of a treaty, international or
executive agreement, or law;
(2) cases involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations;
(3) cases heard by a division when the required majority in the division is not obtained;
(4) cases where the Supreme Court modifies or reverses a doctrine or
principle of law previously laid down either en banc or in division;
(5) administrative cases where the vote is for the dismissal of a judge of
a lower court or otherwise to discipline such a one;6 and,
(6) election contests for President or Vice-President.

All other cases may be decided either en banc or in division as the
Rules of Court may provide.

Question 29

En Banc cases

Answer 29

Section 4. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

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.

Cases or matters heard by a division shall be decided or resolved 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, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Question 30

Under the new Constitution En Banc cases includes

Answer 30

1. Treaty - as an international agreement concluded between the states in written form and governed by international law
2. International or Executive Agreement - Similar to treaties, except they do not require legislative concurrence and are usually less formal and deal with a narrower range of subject matters than treaties
3. Law
4. PD
5. Proclamation
6. Order Instructions
7. Ordinance
8. Other regulations

Question 31

Required number of votes

Answer 31

Cases or matters heard by a division shall be decided or resolved 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, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Now as few as five members of the court can declare any of the measures mentioned above unconstitutional, this number being a majority of the quorum of eight of the fifteen-member court