Judicial Department

Question 1

What is grave abuse of discretion?

Answer 1

It is the arbitrary or despotic exercise of power due to passion, prejudice, or personal hostility; or the whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all contemplation of law.

Question 2

Requisites of judicial review

Answer 2

1. There must be an actual case or controversy
2. Person challenging the act must have legal standing and have personal and substantial interest in the case
3. Question of constitutionality must be raised at the earliest opportunity
4. Issue of constitutionality must be the very lis mota of the case

Question 3

When will a citizen be allowed to raise a constitutional question?

Answer 3

1. If he has personally suffered some actual or threatened injury as a result of the allegedly illegal conduct of the government
2. The injury is fairly traceable to the challenged action
3. Injury is likely to be redressed by a favorable action

Question 4

When is a case capable of repetition yet evasive or review?

Answer 4

1. The challenged action in its duration too short to be fully litigated prior to its cessation or expiration
2. There is reasonable expectation that the same complaining party would be subjected to the same action

Question 5

When must the vacancy in the SC be filled?

Answer 5

Within 90 days from the occurrence thereof

Question 6

What are the qualifications for Chief Justice and Associate Justices of the SC?

Answer 6

1. Natural-born citizen
2. At least 40 years old
3. 15 years or more as a judge of a lower court or has been engaged in the practice of law in the Philippines for the same period
4. Person of proven competence, integrity, probity, and independence

Question 7

Qualifications for the Presiding Justice and Associate Justices of the CA?

Answer 7

Same as SC

Question 8

Qualifications for RTC judges?

Answer 8

1. Citizen of the Philippines
2. At least 35 years old
3. Has been engaged for at least 10 years in the practice of law or has held public office requiring admission to the practice
4. Person of competence, integrity, probity and independence

Question 9

Qualifications for MTC judges?

Answer 9

1. Citizen of the Philippines
2. At least 30 years old
3. Engaged in law for 5 years or public office
4. Competence, integrity, probity, and independence

Question 10

Composition of the JBC?

Answer 10

1. Chief justice as ex officio chairman
2. Secretary of justice as ex officio member
3. Representative of Congress as ex officio member
4. Representative of Integrated Bar
5. Professor of Law
6. Retired member of the SC
7. Representative of the private sector

Question 11

Who appoints the regular members of the council?

Answer 11

The President for a term of 4 years with consent of the COA

Question 12

Composition of the SC

Answer 12

1 Chief Justice
14 Associate Justices