Professional Documents
Culture Documents
Original jurisdiction
In aid of legislation
Qualifications of senator
Pointers
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
QUALIFICATIONS OF SENATOR
1. Natural-born citizen of the Philippines;
2. At least 35 years of age on the day of election;
3. Able to read and write;
4. A registered voter;
5. Resident of the Philippines for not less than 2 years immediately proceeding the day of election.
Where the SC exercises ORIGINAL JURISDICTION
1.
2.
CERTIORARI
PROHIBITION
MANDAMUS
QUO WARRANTO
HABEAS CORPUS
3.
Review of the FACTUAL BASIS for the declaration of MARTIAL LAW OR SUSPENSION of the Privilege of the Writ of
habeas Corpus
inquiry is also very broad. It may cover administrative inquiries, social, economic, political problem (inquiries), discipline of members,
etc. Suffice it to say that it is co-extensive with legislative power. (Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950)
Note: In aid of legislation does not mean that there is pending legislation regarding the subject of the inquiry. In fact, investigation
may be needed for purposes of proposing future legislation.
If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer in aid of
legislation but in aid or prosecution. This violates the principle of separation of powers and is beyond the scope of Congressional
powers.
Q: What are the limitations on legislative investigation?
1.
2.
Under Sec. 21, Art. VI, the persons appearing in or affected by such legislative inquiries shall be respected.
The Rules of procedures to be followed in such inquiries shall be published for the guidance of those who will be
summoned. This must be strictly followed so that the inquiries are confined only to the legislative purpose. This is also to
avoid abuses.
3.
4.
Congress may not summon the President as witness or investigate the latter in view of the doctrine of separation of
powers except in impeachment cases. Note: It is the Presidents prerogative to divulge or not the information which he
deems confidential or prudent in the public interest.
Congress may no longer punish the witness in contempt after its final adjournment. The basis of the power to impose
such penalty is the right to self-preservation. And such right is enforceable only during the existence of the legislature
(Lopez v. Delos Reyes, G.R. No. L- 3436,Nov. 5, 1930).
Congress may no longer inquire into the same justiciable controversy already before the court (Bengzon v. Blue Ribbon
Committee, G.R. No. 89914, Nov. 20, 1991).
5.
6.
Pointers
SC EXERCISES APPELLATE JURISDICTION
a.
b.
c.
d.
e.
over final judgments and order of lower courts in all cases in which the constitutionality or validity of any (TILPPOOIR)
TREATY
LAW
PD
PROCLAMATION
ORDER
INSTRUCTION
ORDINANCE
REGULATION
Is in Question
all cases involving the LEGALITY of any
TAX IMPOST
ASSESSMENT or
TOLL or
EX OFFICIO MEMBERS
1.
SECRETARY OF JUSTICE
2.
REPRESENTATIVE OF CONGRESS
REGULAR MEMBERS (APPOINTED BY THE PRESIDENT FOR A 4-YEAR TERM WITH THE CONSENT OF THE CA)
1.
2.
3.
4.
REPRESENTATIVE OF IBP
PROFESSOR OF LAW
RETIRED MEMBER OF THE SC
REPRESENTATIVE OF PRIVATE SECTOR
SECRETARY DE OFFICIO
- CLERK OF THE SC
NOTE:
The duty of the JBC to submit a list of nominees BEFORE the start of the Presidents mandatory 90-day period to appoint
is MINISTERIAL but its selection of the candidates whose names will be in the list to be submitted to the President lies
within the discretion of the JBC. (De Castro vs. JBC)
Section 13 & 14
Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in
consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by
the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member
who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The same requirements
shall be observed by all lower collegiate courts.
Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on
which it is based.