VILLAFUERTE, Abygail June R.

LAW 121 D / 2011-78090

September 27, 2011
Outline 1 of the Judiciary Department
TABLE OF CONTENTS

Judicial power .................................................. 2

Judicial review ................................................. 2
Separation of powers ....................................... 2
Congress and judicial power ........................... 3
Fiscal autonomy .............................................. 3
Rule-making power .......................................... 4
Administrative supervision ............................... 5
Appointments ................................................... 5
Salary of justices and judges ........................... 5
Security of tenure ............................................ 6
Removal from office ......................................... 6

1
Legend: Ax/Sx/Px A: article; S: section; P: paragraph;
x: number

A8/S1
Judicial power
- SC and lower courts established by law
- Includes the duty
o To settle actual controversies
involving legally demandable and
enforceable rights
o To determine WON there has
been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any
government
branch
or
instrumentality
Judicial power
Santiago v. Bautista (1970)
Before a tribunal board, or officer may
exercise judicial or quasi judicial acts, it is
necessary that there be a law that gives
rise to some specific rights of persons or
property under which adverse claims to
such rights are made, and the
controversy
ensuing
therefrom
is
brought, in turn, before the tribunal,
board or officer clothed with power and
authority to determine what that law is
and thereupon adjudicate the respective
rights of the contending parties.
People v. Cuaresma (1989)
The remedy of certiorari is limited to acts
of any agency or officer exercising
judicial functions or of any judge which
are claimed to be without or in excess of
its or his jurisdiction, or with grave abuse
of discretion. It does not lie for the
correction of errors of judgment which
may be brought about only by appeal.
Badua v. Cordillera Bodong Administration
(1991)
Such tribal courts are not a part of the
Philippine judicial system which consists
of the Supreme Court and the lower
courts which have been established by
law. Hence, they do not possess judicial
power. Like the pangkats or conciliation
panels created by P.D. No. 1508 in the
barangays, they are advisory and
conciliatory bodies whose principal
objective is to bring together the parties

to a dispute and persuade them to make

peace, settle, and compromise.
Judicial review
De Agbayani v. PNB (1971)
The judiciary has the final say on WON a
legislative or executive measure is valid,
a period of time may have elapsed before
it can exercise the power of judicial
review that may lead to a declaration of
nullity.
Ynot v. IAC (1987)
While lower courts should observe a
becoming
modesty
in
examining
constitutional questions, they are not
prevented from resolving the same
whenever warranted, subject only to
review by the highest tribunal.
Separation of powers
Garcia v. Macaraig (1971)
No judge should place himself in a
position where his actuations on matters
submitted to him for action or resolution
would be subject to review and prior
approval and reversal, before they can
have legal effect, by any authority other
than CA or SC.
Demetria v. Alba (1987)
S44/P1 of PD 1177 overextends the
privilege granted under A6/S16/P5. It
empowers the President to transfer funds
to any program of any office included in
the General Appropriations Act. It does
not only completely disregard the
standards set in the fundamental law,
thereby amounting to an undue
delegation of legislative powers, but
likewise goes beyond the tenor thereof.
Philippine Ports Authority v. CA (1996)
The courts may not tread into matters
requiring the exercise of discretion of a
functionary or office in the executive and
legislative branches, unless it is clearly
shown that the government official or
office concerned abused his or its
discretion.

A8/S2
Congress has power to define, prescribe,
apportion jurisdiction of courts BUT NOT to
deprive SC of its jurisdiction over cases in A8/S5
No law shall be passed reorganizing the Judiciary
if it would undermine security of tenure
Congress and judicial power
Mantruste Systems, Inc. v. CA (1989)
The power to define, prescribe and
apportion the jurisdiction of the various
courts belongs to the legislature, except
that it may not deprive the Supreme
Court of its jurisdiction over cases
enumerated in Section 5, Article VIII of
the Constitution (Sec. 2, Art. VIII, 1987
Constitution).
PHIVIDEC v. Velez (1991)
P.D. No. 242 is not unconstitutional. It
does not diminish the jurisdiction of
courts
but
only
prescribes
an
administrative
procedure
for
the
settlement of certain types of disputes
between
or
among
departments,
bureaus,
offices,
agencies,
and
instrumentalities
of
the
National
Government, so that they need not
always repair to the courts for the
settlement of controversies arising from
the interpretation and application of
statutes, contracts or agreements.
Malaga v. Penachos (1995)
PD 1818 was not intended to shield
irregularities committed by administrative
agencies from judicial scrutiny.
A8/S3
Fiscal autonomy
Appropriations
- May not be reduced below amount
appropriated for the previous year
- Automatically, regularly released upon
approval
A6/S25/P5
- No law shall be passed authorizing any
transfer of appropriations
- However, CJ may, by law, be authorized
to augment any item in the general

appropriations law for his office from

savings in other items of appropriation
Fiscal autonomy
Radiowealth v. Agregalado (1950)
It is within the court's power free from
encroachment by the Executive to
acquire books and other office equipment
needed to the convenient transaction of
its business. These implied, inherent, or
incidental powers are as essential to the
existence of the court as the powers
specifically granted.
Bengzon v. Drilon (1992)
The veto of specific provisions in the
General Appropriations Act is tantamount
to dictating to the Judiciary how its funds
should be utilized, and this is repugnant
to fiscal autonomy.
A8/S4
- SC CJ + 14 Associate Justices
- En banc or in divisions (3 / 5 / 7
members)
- Fill up vacancy within 90 days from
occurrence
En banc decisions
- On constitutionality
o Treaty, international agreement,
law
o PD,
proclamations,
orders,
instructions, ordinances, and
regulations
- Decided with the concurrence of majority
of members who took part in the
deliberations
Division decisions
- Decided with the concurrence of majority
of members who took part in the
deliberations + concurrence of at least
three members
- En banc if required number not obtained
o No doctrine laid down in an en
banc or division decision may be
modified or reversed except by
court sitting en banc

A8/S5-6
SC powers
1. Original jurisdiction
a. Ambassadors, ministers, consuls
b. Petitions for certiorari,
prohibition, mandamus, quo
warranto, habeas corpus
2. Appellate jurisdiction
a. Constitutionality or validity of
treaties, international
agreements, laws, PD,
proclamations, orders,
instructions, ordinances, and
regulations
b. Legality
of
tax,
impost,
assessment, toll, penalty
c. Jurisdiction of lower court as
issue
d. Criminal cases with reclusion
perpetua+ penalty
e. Only error or question of law
3. Temporary assignment of judges
4. Change of venue or place of trial
5. Rule-making power
6. Appointment of court personnel
7. Administrative supervision of courts and
personnel
A6/S30
No law shall be passed increasing the appellate
jurisdiction of SC without its advice and
concurrence
A11/S4
Sandiganbayan shall continue to function and
exercise its jurisdiction as may be provided by
law
A7/S4
The Supreme Court, sitting en banc, shall be the
sole judge of all contests relating to the election,
returns, and qualifications of the President or
Vice-President, and may promulgate its rules for
the purpose
A7/S16
The Congress may vest the appointment of other
officers lower in rank in the in the courts

Rule-making power
Oil and Natural Gas Commission v. CA (1998)
Although the Supreme Court has rulemaking power, it also recognizes that
matters of remedy and procedure are
governed by the internal law of the forum.
Bustos v. Lucero (1948)
It is inevitable that the Supreme Court in
making rules should step on substantive
rights, and the Constitution must be
presumed to tolerate if not to expect such
incursion as does not affect the accused
in a harsh and arbitrary manner or
deprive him of a defense, but operates
only in a limited and unsubstantial
manner to his disadvantage. The Court's
power "to promulgate rules concerning
pleading, practice, and procedure in all
courts" is a power to adopt a general,
complete and comprehensive system of
procedure, adding new and different
rules without regard to their source and
discarding old ones.
In re: Cunanan (1954)
Congress may repeal, alter and
supplement the rules promulgated by this
Court, but the authority and responsibility
over
the
admission,
suspension,
disbarment
and
reinstatement
of
attorneys at law and their supervision
remain vested in the Supreme Court.
Javellana v. Department of Interior (1992)
The Court accords great respect to the
decisions and/or actions of administrative
authorities not only because of the
doctrine of separation of powers but also
for their presumed knowledgeability and
expertise in the enforcement of laws and
regulations entrusted to their jurisdiction.
Neither the statute nor the circular
trenches upon the Supreme Court's
power and authority to prescribe rules on
the practice of law.

Administrative supervision
Maceda v. Vasquez (1993)
It is only the Supreme Court that can
oversee the judges' and court personnel's
compliance with all laws, and take the
proper administrative action against them
if they commit any violation thereof. No
other branch of government may intrude
into this power, without running afoul of
the doctrine of separation of powers.

A8/S9
- President appoints SC justices and lower
court judges from a list of at least 3
nominees prepared by JBC [no need for
confirmation]
- For the lower courts, President shall
issue appointments within 90 days from
the submission of list
Appointments

People v. Gacott (1995)

Only cases involving dismissal of judges
of lower courts are specifically required to
be decided by the Court en banc, in
cognizance of the need for a thorough
and judicious evaluation of serious
charges against members of the judiciary

In re: Valenzuela and Vallarta (1998)

Considering the respective reasons for
the timeframes for filling vacancies in the
courts and the restriction on the
President's power of appointment, in
case of conflict, the former should yield to
the latter.

A8/S7
Qualifications of SC Justices
1. Natural born Filipino citizen
2. At least 40 years old
3. At 15 years of being a lower court judge
or a practicing lawyer

A8/S10
Salary of SC justices and lower court judges fixed
by law and cannot be decreased during their
continuance in office

Qualifications of lower court judges

1. Filipino citizen
2. Member of the Philippine Bar
+ Competence, integrity, probity, independence
A8/S8
JBC composition
1. CJ [ex officio chairman] 4 years
2. DOJ secretary 4 years
3. Congress representatives [ex officio
members] 4 years
4. IBP representative 4 years
5. Law professor 3 years
6. Retired SC justice 2 years
7. Private sector representatives 1 year
SC clerk secretary ex officio who records
proceedings
SC provides appropriation for JBC in annual
budget; SC determines emolument
Principal function: recommending appointees to
the Judiciary

A18/S17
Annual salary until Congress provides otherwise
Chief Justice P240,000
Associate Justice P204,000
A11/S16
No loan, guarantee, or other form of financial
accommodation may be granted by any
government-owned or controlled bank or financial
institution to SC members during their tenure
A11/S17
SC members shall disclose to the public their
declaration under oath of their assets, liabilities
and net worth upon assumption of office and as
often thereafter as may be required by law
Salary of justices and judges
Nitafan v. Commission on Internal Revenue
(1997)
The salaries of justices and judges are
subject to general income tax applicable
to all income earners, and the payment of
such income tax does not violate the
constitutional protection against the
decrease of their salaries during their
continuance in office.

A8/S11
Term of office is until they reach 70 years old OR
when they become incapacitated to discharge
duties of office
Power to discipline OR dismiss judges of lower
courts
Security of tenure
Vargas v. Rilloraza (1948)
No legislation which would alter the
composition of the Supreme Court, as
determined by the Constitution, for
however brief a time as may be
imagined, shall be allowed.
De la Llana v. Alba (1982)
The law vests public officials with certain
rights to enable them to perform his
functions and fulfill his responsibilities
more efficiently. Though security of
tenure, Justices and judges can
administer justice undeterred by any fear
of
reprisal
towards
untoward
consequence.
A8/S12
Justices and judges cannot be designated to any
agency with quasi-judicial or administrative
functions
A8/S13
- Conclusions shall be reached in
consultation before case is assigned to
the ponencia of a justice
- This has to be certified by CJ and the
certification is attached to the record of
the case and served upon parties
- Reason for taking no part, dissent,
abstention from a decision or resolution
must be stated
- Same requirements for lower collegiate
courts

A8/S15
- All cases must be decided within 2 years
from date of submission to SC; 1 year for
lower collegiate courts; 3 months for all
lower courts
- Case deemed submitted for decision
upon filing of last pleading, brief, memo
- Upon expiration of period, certification by
CJ or presiding judge will be issued,
attached to the case records, and served
upon the parties; it shall state the reason
for non-issue of decision within said
period
- Court shall decide case without delay
despite
expiration
of
applicable
mandatory period, without prejudice to
responsibility that may have been
incurred
A8/S16
SC shall submit to the President and Congress
an annual report on Judiciarys operations and
activities within 30 days from the opening of each
regular session of Congress
Removal from office
A11/S2
SC members may be removed from office on
impeachment for, and conviction of:
- Culpable violation of the Constitution
- Treason
- Bribery
- Graft and corruption
- Other high crimes
- Betrayal of public trust

A8/S14
Facts and law [basis] must be present in the
decision
No petition for review or MfR shall be refused due
course or denied without stating legal basis