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The highest court of the land is the Supreme Court. It was not
affected by the Judiciary Law (BP 129) which reorganized the judiciary
in 1983. Being a constitutional court, its jurisdiction is found in the
fundamental law itself. The SC is both an original and appellate court.
Composition
JBD 17
How a Case Before a Division is Referred to the Court en banc
` `
At any time after a Division takes cognizance of a case and before a
judgment or resolution therein rendered becomes final and executor,
the Division may refer the case en consulta to the court en banc which,
after consideration of the reasons of the division for such referral, may
return the case to the Division or accept the case for decision or
resolution.
En Banc Cases
JBD 18
merit the attention of the Court en banc and are acceptable to a
majority vote of the actual membership of the Court en banc;
g.) All other cases as the Court en banc by a majority of its actual
membership may deem of sufficient importance to merit its
attention;
h.) Cases where the penalty to be imposed is the dismissal of a
judge, officer, or employee of the SC, disbarment of a lawyer,
or suspension of any of them for a period of more than one
year or a fine of P10,000.00, or both;
i.) Cases involving decisions, resolutions or orders of the
Sandiganbayan, Comelec, COA, or Military Tribunals;
j.) Habeas corpus against government or military officials;
Note that the foregoing provision does not define the original jurisdiction
of the SC as exclusive, hence it can be concurrent or exclusive.
Original Exclusive
JBD 19
The ORIGINAL EXCLUSIVE jurisdiction of the SC refers to
petitions for the issuance of writs of certiorari, prohibition and
mandamus as defined in Rule 65 against the following:
a.) the CA (Judiciary Act of 1948);
b.) the COMELEC (Art. IX Sec. 7, 1987 Constitution);
c.) COA (Art. IX Sec. 7 1987 Constitution; and
d.) Sandiganbayan (PD No. 1606);
e.) Court of Tax Appeals because it has now the same rank as the
CA by virtue of RA 9282.
Original Concurrent
A.With CA
The cases where its original jurisdiction is CONCURRENT with the
CA are: petitions for the issuance of writs of certiorari, prohibition,
mandamus against the following:
a.) the CSC (RA No. 7902);
b.) Central Board of Assessment Appeals (PD No. 464; BP
Blg. 129; RA No. 7902);
c.) NLRC (St. Martin Funeral Homes vs. NLRC 295 SCRA
494; RA No. 7902) or the Secretary of Labor under the
Labor Code.
d.) Quasi-judicial agencies (BP Blg. 129; RA No. 7902; Heirs of Hinog
vs. Melicor, 455 SCRA 460)
d.) Also, issuance of writ of certiorari, prohibition and
mandamus against the RTC.
JBD 21
a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation
is in question.
b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue
Now, when the law says all cases in which the jurisdiction of any
lower court is in issue, the cases involve 100% pure jurisdiction as an
issue. There are no factual issues involved. If the issue of jurisdiction is
mixed with a factual issue, the appeal should be in the CA without
prejudice to the filing of the same with the SC later. So, this is 100%
issue of jurisdiction. No factual issue is involved.
(d) All criminal cases in which the penalty imposed is reclusion perpetua
or higher.
JBD 22
Take note that ONLY an error or question of law is involved. So, if
there is a mixed question of law and a question of fact, appeal must be
filed with the CA. You only go to the SC if the appeal is 100% legal.
That applies to both criminal and civil cases.
Example: Where the question is whether or not the debtor has paid the
debt, the issue is one of fact. Where the question is whether or not the
manner of payment is of the type which produces the legal effect of
extinguishing the obligation, the issue becomes one of law. Also, when
under the set of facts the issue is whether or not the law on double
sales applies, there is a question of law.
No. The appeal should be to the CA. The issue raised is a question of
fact because there is need to review the evidence to resolve it.
3.1.) From the CA or all appeals from the CA are certiorari which
is different from the certiorari in Rule 65.
3.2.) From the RTC direct to the SC. Now, this does not refer to
judgments in criminal cases where the penalty imposed is
reclusion perpetua or life imprisonment where the mode of
appeal is ordinary appeal.
JBD 24
OTHER CONSTITUTIONAL PROVISIONS DEALING WITH THE
JURISDICTION OF THE SUPREME COURT
The COMELEC, COA and the CSC act also as courts of justice. They
have powers to decide certain cases within their jurisdiction. Election
cases are covered by the COMELEC, claims against the government,
by COA and eligibility or removal from government service of an
appointive employee, by CSC.
What is the basis for Congress to pass such a law where a decision of a
constitutional body (CSC) is reviewable by a non-constitutional body?
Thus , Congress cannot lessen but it can increase the SCs powers
and jurisdiction, PROVIDED it is with the latter's advice and
concurrence.
JBD 27
It is not the function of the SC to determine the weight of the
evidence supporting the assailed decision (JR Blanco vs. Quasha 318
SCRA 373). However, factual issues may be delved into and resolved
where the findings and conclusions of the trial court or the quasi-
judicial bodies are frontally inconsistent with the findings of the CA
(Office of the Ombudsman vs. Tongson 499 SCRA 567).
Exceptions
JBD 29