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Note: Members of the Supreme Court and of other courts established 4. Person of proven competence, integrity, probity and independence.
by law shall not be designated to any agency performing quasi-judicial
or administrative functions. Section 8. JUDICIAL AND BAR COUNCIL
Qualifications of members of the SC: 1. The Judicial and Bar Council is under the supervision of the SC.
1. Natural born citizen of the Philippines A. Is under the supervision of the Supreme Court and is composed of:
3. Members of the Judiciary are NOT exempt from payment of income b. International or executive agreement or
tax.
c. Law.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
2. All cases required to be heard en banc under the Rules of Court:
1. Members of the SC and judges of the lower courts hold office during
good behavior until a. Appeals from Sandiganbayan; and
b. They become incapacitated to discharge their duties. 3. All cases involving the constitutionality, application or operation of
a. Presidential decrees Note: This refers to foreign ambassadors, etc., stationed in the
Philippines.
b. Proclamations
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and
c. Orders habeas corpus.
d. Instructions 2. SC has APPELLATE jurisdiction over final judgments and orders in the
following:
e. Ordinances; and
a. All cases involving the constitutionality or validity of any
f. Other regulations.
1. treaty
4. Cases heard by a division where required majority of 3 was not
2. international or executive agreement
obtained. 3. law
4. presidential decree
5. Cases where SC modifies or reverses a doctrine or principle of law
5. proclamation
laid down by the SC en banc or by a division. 6. order
7. instruction
6. Administrative cases to discipline or dismiss judges of lower courts;
8. ordinance, or
and 9. regulation;
7. Election contests for President and Vice-President. b. All cases involving the legality of any
a. The protection and enforcement of constitutional rights; Note: This procedure shall also be observed by all lower collegiate
courts (CA, CTA, and the Sandiganbayan).
b. Pleading, practice and procedure in all courts; JUDICIAL REVIEW
Definition
c. Admission to the practice of law;
1. Judicial Review is the power of the SC to declare a law, treaty,
d. The Integrated Bar; and ordinance etc. unconstitutional.
e. Legal assistance to the underprivileged. 2. Lower courts may also exercise the power of judicial review,
subject to the appellate jurisdiction of the SC.
Limitations on Rule Making Power
3. Only SC decisions are precedent, and thus, only SC decisions are
a. It should provide a simplified and inexpensive procedure for the binding on all.
speedy disposition of cases.
Requisites Code: [A R S Co R]
b. It should be uniform for all courts of the same grade. 1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the
c. It should not diminish, increase, or modify substantive rights. government act must have had an adverse effect on the person
challenging it.
6. Appoint ALL officials and employees of the Judiciary, in accordance
3. The person challenging the governmental act must have
with Civil Service Law.
STANDING, i.e. a personal and substantial interest in the case such
7. Exercise administrative supervision over ALL courts and the personnel that he has sustained, or will sustain, direct injury as a result of its
enforcement.
thereof.
4. The question of Constitutionality must be raised in the first
instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the
very lis mota.
Effect of a declaration of unconstitutionality:
2. Thus, vested rights may have been acquired under such law before it
was declared unconstitutional.
1. Decisions MUST state clearly and distinctly the facts and the law on
which it is based.
2. Refusal to give due course to petitions for review and motions for
reconsideration must state the legal basis for such refusal.