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LEGISLATIVE DEPARTMENT The congress of the president Philippines consist of a senate and a house of representative. SECTION 1 LEGISLATIVE POWER is essentially the authority under the constitution to make laws and subsequently, when the need arise, to alter and repeal them. LAW refers to a statutes which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government agencies. FUNTIONS OF LAWS 1. Defines rights and duties of the citizens. 2. Imposes taxes, appropriations funds. 3. Defines crimes and provides for their punishment 4. Creates and abolishes government agencies, determine their power and functions 5. In general regulates human conduct and the use of

property for the promotion of common good. legislative power is vested in the congress except to the extent reserved to the people by the provision and initiative and referendum. CLASSIFICATION OF LEGISLATIVE POWER 1. Original legislative powerpossessed by the sovereign people. 2. Derivative legislative power- that which has been delegated by the sovereign people to the legislative bodies. KINDS OF POWER VESTED IN THE CONGRESS 1. Constituent-the power to amend and revise the constitution 2. Ordinary-power to pass ordinary law. LIMITATION ON LEGISLATIVE POWER 1. EXPRESS LIMITATION bill of rights appropriations taxation on constitutional appellate jurisdiction of supreme court

no law granting a title of royalty n nobility. 2. IMPLIED LIMITTION congress cannot legislate irrepeallable law congress cannot delegate legislative power non-encroachment on powers of other department PROCEDURAL LIMITATION only one subject three readings on separate day printed copies in its final form 3 days before the bill passed NON-DELIGABILITY OF LEGISLATIVE POWER the rule is protest non delegate non delegari what has been delegated cannot be delegated. Delegated power constitutes not only a right but duty to performed but the duty to performed by the delegate by the instrumentality of his own judgment n through the

intervening another.

mind

of

the

of

RATIONALE OF THE DOCTRINE A. Based on secretion of powers B. Based on the duty process of laws C. Based on the maxim delegate protestas non delegari VALID DELEGATION OF LEGISLATIVE POWERS 1. Delegation of tariff power to the president 2. Delegation of emergency power to the president 3. Delegation of local government unit. DELEGATION OF RULE MAKING BODY what is delegated to administrative bodies is not legislative power but a rule making power or law execution. RE SCOPE OF THE LEGISLATIVE POWER OF THE CONGRESS The legislative power of congress except to the extent
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reserved to the people by the provision and referendum, which may be characterized as plenary or general subject only to specific limitations in the constitution. CLASSIFICATION OF POWERS OF CONGRESS 1. GENERAL LEGISLATIVE POWER It is the power enact laws intended as rules of conduct to govern the relation among individuals and the state. 2. SPECIFIC POWER they are powers which the constitution expressly directs or authorizes congress to exercise like the power to choose who shall become the president. 3. IMPLIED POWER They are those essential or necessary to the effective exercise of the powers expressly granted, like the power to conduct investigation. 4. INHERENT POWER they are the powers which are exercised by every
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government because they exist as an attributes of sovereignty . they are deemed conferred by the powers even if not expressly granted by them in the constitution. THE SENATE (SECTION 2) COMPOSITION Composed of 24 senators elected at large by the qualified voters as may be provided by law. Regular election is every second Monday of May. QUALIFICATION 1. A 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. A resident of the Philippines for not less than 2 years immediately preceding the day of election TERM OF OFFICE The term of office is 6 years. It shall commence at noon of the of june next following the their election.

MAXIMUN OF TERM A senator is disqualified to serve for more than 2 consecutive terms. One-half of the membership is Retained as the other half is replaced. THE HOUSE OF REPRESENTATIVE COMPOSITION (SECTION 5, 6, 7) Composed of not more than 250 members. Elected from the legislative or congressional district and through a party list system. The party list representative is filled by selection or election from the different sector in the society. TERM OF OFFICE it is 3 years, begin at noon of june 30 and end at the following election of the same date and time. QUALIFICATION 1.A natural born citizen of the Philippines. 2.At least 25 years of age on the day E of election
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3.Able to read and write 4.Except for a party list representative, a registered voter in the in the district in which he shall be elected 5.A residence thereof for a period of not less than one year preceding the day of election. MAXIMUM TERMS 3 consecutive terms. Prohibition no members of the house of representative shall serve to more than nine years. THE PARTY LIST SYSTEM in addition to the member of the house of representative elected from the legislative district, 20% of its total composition or membership shall be registered from a list of registered national, regional and sectoral parties or organization. The reapportionment of the legislative district shall be made every three years after the return of the census. ELECTION (SECTION 8 and 9)

KINDS OF ELECTIO OF THE MEMBER OF THE CONGRESS 1. REGULAR ELECTION held in every second Monday of may. The purpose is to give the people an opportunity to renew or withhold their mandate on elected officials. 2. SPECIAL ELECTION It may be called in case of vacancy arises in the senate or house of representative to fill such vacancy. The senator or house of representative elected shall serve the unexpired term. The authority to call a special election may be given by law to the commission on election. The holding of special election not made mandatory by the constitution. SALARIES (SECTION 10) Any increase can take effect only after the expiration of the full term of the members approving such increase.
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RECORD OF CONGRESS OPEN TO PUBLIC (SECTION 20) Congress is enjoined by the constitution to preserve and open its records and books of accounts to the public Audited by the commission on appointment and publish annually an itemized list of amounts paid to in expense incurred by every member. It seeks to avoid recurrence of the abuses committed by the members of the old congress in allotting themselves fabulous allowances the amounts of which they refused to divulge to the people PARLIAMENTARY IMMUINTIES (SECTION 11) TWO KINDS OF IMMUNITIES 1.IMMUNITY FROM ARREST The scope of this arrest is not only the civil arrest but also the criminal offenses punishable by not more than six years imprisonment.

The immunity applies only while the congress is in session. It does not refer to the day to day meeting but to the entire period of its initial convening until its final adjournment. Congress is considered in session, regular or special for as long as it is not adjourned. 3. PRIVELEGE OF SPEECH AND DEBATe TEO REQUIREMENT THAT MUST CONCUR IN ORDER TO AVAILED THE IMMUNITY OF SPEECH AND DEBATE 1. That the remarks must be made while the legislature or the legislative committee is functioning. 2. That they must be made in connection with the discharge of official duties. FREEDOM FROM BEING QUESTIONED FOR SPEECH AND DEBATE. IN ANY OTHER PLACE means that the statement must be in connection with or in relation
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to the performance of legislative duties. The rule provides that the legislator may not be question in any other place which mean that he may be called to account for his remarks by his own colleagues in the congress itself and when warranted punished for disorderly behavior WHEN IMMUNITY CANNOT BE INVOKED 1. The offence by the arrest is by more than 6 2. Congress is session. reason of which made punishable years. no longer in

WHEN THE IMMUNITY CANNOT BE INVOKED 1. The member is not acting as a member of congress. 2. That his words and conduct are disorderly and unbecomimg of a member thereof. CONFLICT OF INTEREST (SECTION 12) DISCLOSURE AND BUSINESS INTERESTS to promote a high standard of integrity in the legislature

1. to make a full disclosure of their financial and business interest, upon assumption of office. 2. To notify the house concerned of a potential conflict of interest that may arise from the filling of a proposed legislation of which they are authors. INCOMPATIBLE AND FORBIDDEN OFFICE (SECTION 13) INCOMPATIBLE OFFICE any kind or office or employment in the government, or any subdivision, agency or instrumentality thereof, including government-owned and controlled corporations or their subsidiaries during his term. Any other office includes any position outside the congress. The prohibition finds its rationale in the need for members of the congress to devote their time and attention discharge of their legislative responsibilities.
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FORBIDDEN OFFICE refers to any office created or the emoluments of which have been increased during the term for which he was elected, not merely during his tenure or period of actual incumbency. Without the prohibition, members of congress might be tempted to create offices or increases their emoluments for personal gain. The purpose is to prevent trafficking in public office. INHIBITIONS AND DISQUALIFICATION (SECTION 14) 1. APPEARANCE AS COUNSEL BEFORE ANY COURT OF JUSTICE the lawyer legislator may still engage in the practiceof his profession except that when it comes to trials and hearings before the bodies , appearance may be made by him but by some other member of his law office. Appearance is prohibited eve if no feed are charged for it. The reason for the prohibition is the inconsistency of a members

position in representing a lower courts pertain to courts below party who may not be entitled the supreme courts. to be a member of the body to the supreme court is the only which he belongs. constitutional court and the lower 2. FINANCIAL INTEREST IN ANY CONTRACT courts are statutory courts. WiTH THE GOVERNMENT DIFFERENT LOWER COURTS UNDER THE JUSDICIAL ORGANIZATION LAW 3. FINANCIAL INTEREST IN ANY SPECIAL PRIVELEGE GRANTED 1. COURT OF APPEALS 69 justices, 23 divisions, 3 members 2. THE REGIONAL TRIAL COURT 720 regional trial judges in each of the 13 regions in the country. 3. METROPOLITAN TRIAL COURT Establish in each metropolitan area established by law. 4. MUNICIPAL TRIAL COURT in every city not forming part in the metropolitan area and in each of municipalities. 5. MUNICIPAL CIRCUIT TRIAL COURT Comprising one or more cities and one or municipalities. SPECIAL STATUTORY COURT: judicial power vested in the Supreme Court. lower courts may be establish by law.
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4. INTERVENTION INCERTAIN MATTERS

JUDICIAL DEPARTMENT

SESECTION 1: JUDICIAL POWER is the power to apply the laws to contest or disputes concerning legally recognized rights or duties between the state and the private persons, or between individual litigants in cases properly brought before the judicial tribunals

THE POWER

SCOPE

OF

JUDICIAL

1. ADJUCATORY POWER-it includes the duty of courts of justice; a. To settle actual controversies involving rights which are legally demandable and enforceable. b. To determine whether 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. 2. POWER OF JUDICIAL REVIEW A. To pass upon the valid of or constitutionality of the laws of the state and the acts of the other departments of the government. B. To interpret them C. To render binding judgment. 3. INCENDENTAL POWERS Like punishing a person adjudged. SECTION 20 OF THE PEOPLES ACT provided that court had to hear collaboration cases, the members thereof who were disqualified because they had also participated in the occupation government would be temporarily replaced by ad hoc members to be designated by the president of the Philippines from either of the court of appeals or the court of first instance. The first part:
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represent the judicial concept of judicial power, involving the settlement of conflicting rights as conferred by law. The second part: represent the broadening of judicial power to enable the courts of justice to review what was before forbidden territory, to wit the discretion of the political departments of the government. the power to review even the political decisions of executive and the legislature and to declare their acts invalid for lack of excess of jurisdiction because tainted of grave because tainted of grave abuse of discretion. INDEPENDENCE OF THE JUDICIARY 1. Main constitutional provisions safeguarding judicial independence. a. Congress may not deprive the supreme court of the constitutional powers granted to it. b. Congress cannot prescribe the manner in which the Supreme Court should sit, and determine the number of Justice composing the court. c. The supreme court is given the authority to appoint all officials and employees of the judiciary.

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d. The member of the Supreme Court and the judges of lower courts enjoy security of tenure. e. Their salaries cannot be decreased during their continuous in office. f. The member of the supreme court can only be removed through the difficult process of impeachment. g. The judiciary enjoys fiscal autonomy. SECTION II. JURISDICTION is defined as the authority by which court take cognizance of and decide cases the legal right by which judges exercise their authority. POWER TO APPORTION JURISDICTION OF VARIOUS COURTS VESTED IN CONGRESS 3 LIMITATIONS TO THE EXERCISE OF THIS POWER 1. The congress cannot diminish or otherwise impair the original and appellate jurisdiction of the supreme court over cases enumerated in section 5 thereof. 2. no law shall be passed reorganizing the judiciary when it undermines security of tenure guaranteed in section 11

3. no law shall be passed increasing the appellate jurisdiction of the supreme court without its advise and concurrence. JURISDITION OF COURTS JURISDICTION is the power and authority of a court to hear, try, and decide a case. 1. General Empowered to decide all disputes which may come before it except those assigned to other courts. 2. LIMITED it has authority to hear and determine only a few specified cases. 3. ORIGNAL When it can try and decide a case 4. APPELLATE a case already heard. 5. EXCLUSIVE When it can try and decide a case which cannot be presented before any other court. 6. CONCURRENT

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When any one two or more courts may take cognizance of a case. 7. CRIMINAL Exist for the punishment of crime. 8. CIVIL Exist when the subject matter is not criminal nature. APPOINTMENTS (SECTION 9) APPOINTMENTS OF MEMBER OF THE SURPREME COURT AND JUDGES OF THE LOWER COURTS 1. Non-political process of selection and appointment. appointment power is vested alone in the president. president was involved in the appointment of high officials of the government, including the members of the judiciary members of the supreme court and judges of the lower courts were appointed by the president with consent of the Commission on appointments in the congress. 2. LIST OF AT LEAST THREE NOMINEES the president shall appoint from the from a list of at least 3 nominees
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prepared by the judicial and bar council. the president cannot appoint anybody outside of the list but he can ask for additional nominees. theres no such need for the confirmation from the commission on appointment the president shall issue the appointments of judges of lower courts within 90 days from the submission. 3. JUDICIAL AND BAR COUNCIL the constitution creates the constitution providing at the same time its composition, appointments of the members and their terms of office, their emoluments, and their functions. member of the judiciary must be a person of proven competence, integrity, probity and independence. the broadened membership of the council will help insure quality appointments to the judiciary.a 4. ECLUSIVE AUTHORITY TO RECOMMEND APPOINTEES TO JUDICIARY QUALIFICATIONS ( SECTION 7) QUALIFICATIONS OF THE MEMBER OF THE SUPREME COURT AND ANY LOWER COURTS

2.

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1 He must be a member of the supreme court. 2 He must be a t least forty years of age 3 He must have, for fifteen years or more, been a judge of a lower court or engaged in the practice of law in the Philippines. 4 He must be a proven of competence, integrity, probity and independence. may not reduced or increased by the congress although ordinary legislation. a statute requiring that members shall hold a doctorate degree in law, while calculated to improve the stature of the supreme court, would still be unconstitutional. the general qualification is intended to improve the quality of the judiciary by admitting thereto only deserving persons who can dispense justice wisely and impartially. JUDCIAL AND BAR COUNCIL (SECTION 8) Which takes place of the commission on appointments in the matter of judicial appointments. The council will screen such appointment and not the commission, which is highly political body likely to be influenced by
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considerations other than the merits of the candidate for judicial. 1. Created under the supervision of the supreme court; COMPOSITION a. Chief justice b. Secretary of justice c. Representative of the congress Ex-officio member d. Representative of the integrated bar of the Philippines e. Representative of the private sector. 2. Regular member of the council shall be appointed by the president for the term of 4 years with the consent of COA. The representative of the integrated bar shall serve for four years, the professor of law for 3 years, and the representative of the private sector shall serve for one year. 3. The clerk of the Supreme Court shall be the secretary ex-officio of the council and shall keep a record of its proceedings. 4. The regular member of the council shall receive such emoluments as may be determined by the supreme court. The supreme court shall

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provide in its annual budget the appropriatiations for the council. 5. Function of the council recommending appointees to the judiciary. The SECRETARY OF JUSTICE is under the under presidents constitutional power of control. The REPRESENTATIVE OF THE CONGRESS usually belongs to the party in power in power, of which the president is the actual titular head. As for the appointive members there is no limit on the number of terms they may serve as, which means that they will tend to defer to the suggestions. Once appointed upon nominations of the council, the judge does not need confirmation from the commission on appointment. It must also be stressed that judges may not be appointed in an acting or temporary capacity as this would undermine the independence of the judiciary, temporary appointments being essentially revocable at will. SECTION 12. the member of the supreme court and the of the other courts establish by law and shall not be designated to any

agency performing quasi-judicial administrative function.

or

PROHIBITION AGAINST DESIGNATION TO QUASI AND/OR ADMINISTRATIVE AGENCIES Member of the judiciary were sometimes designated to executive positions in the government at the same time retaining their rank or seniority as such members. SECTION 8 prohibits the designation by the president of members of the supreme court and other courts established by law to any agency performing quasi-judicial and/or administrative functions.

The following reason may be given for the prohibition: 1. Such designation violates the doctrine of separation of powers between the judicial and executive branches of the government. 2. It may compromise the independence of the members in the performance of their judicial execution. 3. With so many case pending in courts, the practice will result in further delay.
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FISCAL AUTONOMY (SECTION3) SECTION 3. The judiciary shall enjoy fiscal autonomy. Appropriations for the judiciary may not be reduced by the legislature below the amount approval t appropriated for the previous year and after approval, shall automatically and regularly released. seeks to further insure the independence of the judiciary. The appropriations for the judiciary may not be reduced as provided above but they may increased. FISCAL AUTONOMY means freedom from outside control. The judiciary, the constitutional commission and the ombudsman must have the independence and flexibility needed in the discharge of their constitutional duties. After approval, the appropriations shall be automatically and regularly released thus making it financially and independent, without having to pleaded to the president or budget officials for tier release. COMPOSITION OF THE SUPREME COURT (SECTION 4) The membership of the supreme court composed of 15 members including the chief justice.
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The constitution requires any vacancy to be filled within 90 days from the occurrence thereof. SITTING PROCEDURE the supreme court may sit and hear cases en banc( as one body) or in division of 3, 5 and 7 members the supreme court that decides whether or not it will sit in divisions. By sitting in divisions, the supreme court increases its capacity to dispose of cases in pending before it. The decision of a division is the decision of the supreme court itself. Although a doctrine or principle of law rendered en banc or in division may be modified or reversed only by court sitting en banc (sec.4 part 3), there is always the possibility that each of the three divisions may render inconsistent decisions.

CASES TO BE HEARD OR DECIDED EN BANC AND VOTE REQUIRED 1. All cases involving the constitutionality of a treaty, international or executive agreement, or law ( statute) shall always be heard and decided by the supreme court en banc. To declare

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2.

3.

4.

5.

unconstitutional the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon is required. If the majority cannot be had had its constitutionality shall be deemed upheld. the quorum of the supreme court when sitting en banc is 8. The vote of 5 is sufficient for rendering a decession. The constitutionality of the application or operations of presidential decrees, proclamations, orders, instructions, ordinances and other regulations which under the rules of court are required to be heard en banc shall be decided with the concurrence also of the number provided above. In administrative cases where the decision is for the dismissal of a judge of a lower court, the same majority vote is required. Cases be heard by a division shall be decided or resolved with the concurrence likewise of the same majority. Cases modifying or reversing a doctrine or principle of law laid down by the court in a division shall
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be decided by the court sitting en banc. referred to the court en banc and decided in accordance with its own rule. There are now three divisions of the supreme court with five members each. REQUISITES OF A JUDICIAL INQUIRY 1. There must be an actual controversy 2. The question of unconstitutionality must be raised by the proper party. 3. The constitutional question must be raised at the earliest possible opportunity. 4. The decision of the constitutional question must be necessary to the determination of the case. JUSTICIABLE QUESTION is on which affects personal or property rights accorded to every member of the community in cases property brought before the judicial tribunal. POLITICAL QUESTION is one which under the constitution is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative

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or executive government.

branch

of

the

ACTUAL CASE Actual case or controversy involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial resolution. There must be a contrariety of legal rights that can be interpreted and enforced on the basis of existing law and jurisprudence. CONTROVERSY Must be one that is appropriate for judicial determination. Must be definite and concrete, touching the legal relations of the parties having adverse legal interest. It must be real and substantial controversy admitting of specific relief through a decree that is conclusive in character. a request for advisory opinion cannot come under the category of an actual case or controversy since the issue raised does not involve any conflict in law that has assumed the proportions of a full blown dispute. The court in this case is being asked only to counsel and not to decide. Counseling by courts is contrary to the doctrine of separation of powers
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since their advice will not have the force of law but a mere suggestion or recommendation that may be accepted or rejected at will by the department requesting. The purpose is to solicit from the court a declaratory judgment involving the interpretation of the rights and duties of a person under the provision of a deed. JUSTICIABLE CONTROVERSY thus distinguished from a difference or dispute of a hypothetical or abstract character from one that is academic one or moot. PROPERTY PARTY Is one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained. EARLIEST OPPURTUNITY The rule is that the constitutional question must be raised at the earliest possible opportunity, such that if it is not raised in then pleadings, it cannot be considered at the trial, and if not considered at the trial, it cannot e considered on appel. Exception of the general rule

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1. In criminal cases the constitutional question can be raised at any time in the discretion of the court. 2. In any civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of the case itself. 3. In every case, except where there is estoppel, the constitutional question may be raised at any stage if it involves the jurisdiction of the court. NECESSITY OF DECIDING CONSTITUTIONAL QUESTION the reason why courts will as much as possible avoid the decision of a constitutional question can be traced to the doctrine of separation of powers which enjoins upon each departments a proper respect for the acts of the other departments. in line with this policy, courts indulge the presumption of constitutionality and go by the maxim that to doubt is to sustain. The theory is that, as the joint act of the legislative and executive authorities,. A law is supposed to have been carefully studied and
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determined to be constitutional before it was finally enacted. As longs as there is some other basis that can be used by the courts for its decision, the constitutionality of the challenged law will not be touched and the case will be decided on other available grounds. EFFECTS OF A DECLARATION OF UNCONSTITUTIONALITY 1. THE ORTHODOX VIEW an unconstitutional act is not a law, it confers no right: it imposes no duties: it affords no protection: it is in legal contemplation: inoperative, as if it had not been passed. In other words a total nullity. 2. MODERN VIEW the court in passing upon the question of constitutionality does not annul or repeal the statute if it finds it in conflict with the constitution. It simply refuses to recognize it and determines the rights of the parties just as if such statute had no existence. PARTIAL UNCONSTITUTIONALITY the doctrine of separation of powers, courts hesitate to declare a law unconstitutional and, as long as

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it is possible, will salvage the valid portions thereof in order to give effect to the legislative will. A declaration of partial unconstitutionality will be valid only of two conditions concur: a. That the first legislature is willing to retain the valid portions even if the rest of the statute is declared illegal. b. The valid portion can stand independently as a separate statute. the legislative willingness to retain the valid portions may be expressed in what is known SEPARABILTY CLAUSE. POWERS OF THE SUPREME COURT (SECTION 5) THE ORIGINAL JURISDICTION Part 1.Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari prohibition, mandamus qou warranto, and habeas corpus.

ORIGINAL JURISDICTION OF SUPREME COURT OVER CASES AFFECTING AMBASSADORS, ETC. As a rule, ambassadors and other public minister are exempt from the jurisdiction of tribunals of the country to which they are accredited. It is based on the principle of international law that they are considered extensions of sovereignty of the state which they represent. CONSUL is not however entitled to the priveleges and immunities of an ambassador or minister and is subject to the laws of the country to which he is accredited. Not exempt from criminal prosecution. ORIGINAL JURISDICTION OF SUPREME COURT OVER PETITIONS FOR CERTIORARI,ETC. 1. CERTIORARI it is a writ from a superior court requiring a lower court or a board, or officer exercising judicial functions to transmit to transmit the records of a case to the superior court for purpose of review.
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2. PROHIBITION it is a writ by which a superior court commands a lower court or a corporation, board or a person acting without or in excess of its jurisdiction, or with a grave abuse of discretion, to desist from further proceedings in an action or matter. 3. MANDAMUS it is an order issued by a superior court commanding a lower court or a corporation, board or person to perform a certain act which it is its or his duty to do. 4. QOU WARRANTO it is an action by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it. the petition for certiorari, mandamus prohibition and qou warranto are especial civil actions. The questions raised in the first three petitions are question of jurisdiction or grave abuse of discretion and in fourth the title of the respondent. The petition for
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habeas corpus proceeding.

is

special

APPELLATE JURISDICTION (PART 2) EXCLUSIVE APPELLATE JURISDCITIONOF THE SUPRE COURT refers to cases of great public interest or of serious moment to individual right. 1. By appeal the appellate court reviews all the findings of all and of fact of a lower court as in special proceedings. 2. By certiorari the appellate or superior court can review only question or errors by law decided or committed by a lower court. QUESTION OF LAW is that which involves no examination of the probative value of the evidence presents by the parties or any of them in the lower court. QUESTION OF FACT cannot be reviewed by the supreme court on certiorari on the theory that the lower court which heard the case observed the deamenor of the

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witness or otherwise acquired acquaintance with the issues and incidents thereof. The right to appeal is not embraced in due process of law. Appeal is as general rule a matter of statutory right entirely dependent upon the discretion or policy of the law making body The congress may validly provide that the decisions of lower courts shallbe final and no longer appealable to the supreme court. TEMPORARY ASSIGMENTS OF JUDGES (PART 3) Assign temporily judges of lower courts to other stations as a public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. modifies the rule established under 1935 constitution which empowered the executive departments to designate or transfer to another district a judge appointed for a particular district but which the approval of the supreme court. 1. the requirement that the temporary assignment of a judge to another for a period of longer than 6 months
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must be with his consent accommodates the demand for such details when required by the exigencies of the service while at the same time protecting the right of a judge to permanency at a station. 2. It the transfer is a permanent one, it can only be effected with the consent of the judge concerned and by the extension of a new appointment by the president. the present rule bolster the independence of the judiciary in so far as it vests the power to temporarily assign judges of inferior courts directly in the supreme court and no longer in the executive authorities and conditions the validity of any such assignment in excess of six months upon the consent of the transfer of judges at will to suit the motivations of the chief executive. CHANGE OF VENUE OR PLACE OF TRIAL ( PART 4) order a change of venue or place of trial to avoid a miscarriage of justice. the supreme court can order a change of venue or place of trial whenever the imperative of securing

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a fair and impartial trial or of preventing a miscarriage of justice so demand. The supreme court can ordered the transfer of a criminal case from a court of first instance to a circuit criminal court elsewhere because the witnesses for the prosecution Were unwilling to testify for fear of retaliation from the accused or their followers in the place where the offenses were allegedly committed. the supreme court in that case ordered the transfer on the basis of what it is considered its inherent authority rejecting the argument that venue in criminal cases was jurisdictional. the power may exercise in civil case. RULE MAKING POWER ( PART 5) the supreme court is vested by the constitution with full legislative authority to promulagate rules concerning the protection and enforcement of constitutional rights. the rules promulgated are called the rules of court. Such rule shall have the force and effect of law. RULES OF COURTS PROCEDURE OF SPECIAL

1. PROTECTION AND ENFORCEMENT OF CONSTITUTIONAL RIGHTS 2. PLEADING it is the act of presenting ones claim, answer or arguments in defense or prosecution of an action. 3. PRACTICE OF LAW as generally understood it is the doing or performing of services in a court of justice, in any matter pending therein. 4. PROCEDURE it refers to the method by which substantive rights may be enforced in courts of justice. 5. ADMISSION TO THE PRACTICE OF LAW OR TO THE BAR a person is said to be admitted to the bar or is a member of the bar when authorized by the supreme court to practice law in the Philippines. 6. INTEGRATED BAR it means the official national unification of the entire lawyer population of the Philippines in a single organization.

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LIMITATIONS ON THE RULE MAKING POWER OF THE SUPREME COURT 1. Such rule shall provide a simplifies and inexpensive procedure for the speedy disposition of cases. 2. They shall be uniform for all courts of the same grade 3. They shall not diminish, increase, or modify substantive rights distinguished from procedural rights. APPOINMENTS OF COURT PERSONNEL(PART6) appoint all officials and employees of the judiciary in accordance with the civil service law. Empowered the supreme court to appoint only its own official and employees. This authority further enhances its independence as envisioned by the constitution. Once appointed they are entitled to the protection of the provision of the constitution on civil service law. ADMINISTRATIVE COURTS SUPERVISION OF

over courts in the department of justice, which determined such matters as detail of judges, payment of their salaries, grant of their vacation and sick leaves appointment or transfer of their personnel, and purchase of equipment of the like. The power of administrative supervision of the supreme court extends to the sandiganbayan, a special courts. TENURE OF JUDGES OF THE JUDICIARY (SECTION 6) 1. IMPORTANCE OF SECURITY OF TENURE they shall hold office during good behavior until they reach the age of 70 years of age or become incapacitated. Security of tenure depends upon good behavior. 2. RETIREMENT AGE retirement age is 64. The idea is presumably being to avoid the problem of senile judges and also to give way for fresh blood in the judiciary through the appointment of younger replacement.

(SECTION 6) The previous set up placed the power of administrative supervision


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3. TERMINATION OF RIGHT TO HOLD OFFICE impeachment of the member of the supreme court. The members of the judiciary may be removed only after charges have been filed and proved against them in a proper proceedings. The power to remove judges has been transferred from the executive to the supreme court which may now exercise it with the concurrence of a majority of the member of the who actually took part in the deliberations. Judges of eh lower courts includes justices of the sandiganbayan. This rule casts much doubt on the legality of the presidential decree making them removable only by the legislature through the process of impeachment. 4. ABOLITION OF OFFICE that valid abolition of offices is neither removal nor separation of the incumbent. CONSULTATION OF THE COURT (SEC 13) PROCEDURE IN RENDERING DECISIONS. Prescribe the manner by which the conclusions of the supreme courts in any case submitted to them.
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Certification compliance that the case has been assigned to a member of the writing of the opinion of the court, signed by the chief justice or presiding judge must be issued and s copy thereof attached to the records of the case and serve upon the parties. The purpose is to avoid tha practice of assigning a case to a justice for study and decision by him alone, the remaining justices affixing their signatures to the decision merely as formal routine. REQUIREMENT IN PARTICIPATION, ABSTENTION CASE OF DISSENT, NONOR

State the reasons for his nonparticipation, dissent, or abstention. This requirement as to dissenting opinions is a recognition of the value of such opinion. There is no guarantee that the decision reached by the majority is correct and just in all cases. The dissenting opinion does not express the law on the subject, if well reasoned and supported by congent considerations, if well reasoned and supported by cogent considerations, it may influence the

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supreme court, and even become the majority opinion in the decision of future and analogous cases. As it is the duty of every member of a collegiate court to take part in the study and resolution of every case before it, he must state the reason for his non-participation or abstention. DECISIONS OF THE SUPREME COURT (section 14) DECISION is the decision rendered by a court of justice or other competent tribunal after the representation of the respective positions of the parties in an ordinary or criminal case. FORM OF DECISION OF COURT. Every decision of a court shall clearly and distinctly state the facts and the law on which it is based. The decision rendered makes a clear why either party prevailed under the law applicable to the facts established. The rule applies to the decision not only of the supreme court but also of all lower courts.

TO PETITION FOR REVIEW OR MOTIONS FOR RECONSIDERATION OF A DECISION OF ANY COURT it is sufficient for the court to state only on the legal basis for its refusal to give them due course or for their denial to save time for the court. it would seem that a court is not required to cite the factual or legal basis of its resolution granting a petition for review or a motion for reconsideration of its decision. SALARIES OF THE JUDGES (SECTION 10) COMPESATION OF MEMBER OF THE JUDICIARY. 1. PROHIBTION AGAINST REDUCTION The salary of the member of the supreme court and of the lower courts shall be fixed by law. annual salary of the chief justice is P240, 000 and the associate justice P204,000. 2. PURPOSE OF THE PROHIBITION the purpose is not to benefit the judges but to attract good men to the bench and to promote their independence of action and judgement. the salaries of the member of the supreme court and judges of lower
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courts are subject to the payment of income tax. PERIODS OF THE DECISION (SECTION 15) MAXIMUM PERIODS FOR RENDITION OF DECISIONS 1. SUPREME COURT within 25 months 2. THE COURT OF APPEALS AND OTHER COLLEGIATE APPELLATE COURTS within 12 months unless reduced by the supreme court 3. LOWER COURTS within three moths unless reduced by the supreme court. TIME LIMITATIONS MANDATORY the time limitations established above is mandatory. They are intended to ease up the clogging of courts dockets and to implement the right of party litigsnts to speedy justice under the familiar aphorism that justice delay justice denie. A court may still decide a case or matter even after the lapse of the applicable maximum period provided above without prejudice to the responsibility of the justiceor judge concerned. ANNUAL REPORTS (section 16)

The supreme court is required to submit to the president and congress an annual report on the operations and activites of the judiciary. The reprt is inted to be the basis of appropriate legislation and government policies intended to improve the admistartion of justice and strengthen the independence of the judiciary.

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