Article VIII: Judiciary

Question 1

What is judicial power?

Answer 1

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights that are legally demandable and enforceable, and to determine whether there has been a grave abuse of discretion on the part of any branch or instrumentality of the Government.8

Question 2

hat are the requisites for the exercise of judicial review?

Answer 2

1. There must be an actual case or controversy;
2. The question must be raised by the proper party;
3. The question must be raised at the earliest opportunity;
   and
4. The decision on the constitutional or legal question must be necessary to the determination of the case itself 896

Question 3

When does an actual case or controversy exist?

Answer 3

An actual case or controversy exists when there is a conflict of legal rights or an assertion of opposite legal claims, which can be resolved based on existing law and jurisprudence. A justiciable controversy admits of specific relief through a decree that is conclusive in character, whereas an opinion only advises what the law would be upon a hypothetical state of facts.8

Question 4

Who is a proper party?

Answer 4

A proper party is one who has sustained or is in immediate danger of sustaining an injury due to the act complained of.

Question 5

What are the rules concerning the standing of taxpayers, voters, concerned citizens, and legislators?

Answer 5

1. For taxpayers: There must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional;
2. For voters: There must be a showing of obvious interest in the validity of the election law in question;
3. For concerned citizens: There must be a showing that the issues raised are of transcendental importance which must be settled early; and
4. For legislators: There must be a claim that the official action complained of infringes upon their prerogatives
   as legislators.º3

Question 6

What does “earliest possible opportunity” mean?

Answer 6

The “earliest opportunity” means that one must raise a constitutional question immediately after the grounds for objections regarding the constitutionality of an act or a law becomes apparent.

Question 7

Explain the requisite that the constitutional issue must be the lis mota of the case.

Answer 7

The Supreme Court refrains from resolving any constitutional issue unless the constitutional question is the lis mota of the case. Lis mota literally means “the cause of the suit or action,” This last requisite of judicial review is simply an offshoot of the presumption of validity accorded the Executive and Legislative acts of our co-equal branches of the government.

Question 8

What are the instances when the Court will take cognizance of moot and academic cases?

Answer 8

1. Grave violation of the Constitution;
2. Exceptional character of the situation and when paramount public interest is involved;
3. When the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and
4. When the case is capable of repetition yet evading review.913

Question 9

What is the doctrine of Operative Fact?

Answer 9

The Operative Fact doctrine nullifies the effects of an unconstitutional law or an executive act by recognizing that the existence and validity of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences that cannot always be ignored.

Question 10

What is the procedure for appointments in the Judiciary?

Answer 10

1. The President appoints from among a list of at least three (3) nominees prepared by the Judicial and Bar Council for every vacancy;929
2. For lower courts, the President shall issue the appointment 90 days from submission of the list;930
   Any vacancy in the Supreme Court shall be filled within 90 days from the occurrence thereof. 931

Question 11

Does the failure to file Statement of Assets, Liabilities and Net-worth (SALN) makes a Supreme Court justice ineligible for his position?

Answer 11

es. Failure to file the SALN is clearly a violation of the law. It disregards the requirement of transparency as a deterrent to graft and corruption.

Question 12

Who are the members of the Judicial and Bar Council (JBC)?

Answer 12

1. Chief Justice - ex-officio chairman,
2. Secretary of Justice - ex-officio member,
3. Representative of Congress - ex-officio member,
4. Representative of the Integrated Bar,
   5 Professor of law,
5. Retired Member of the Supreme Court, and
6. Representative of the Public Sector.

Question 13

How many representatives from Congress may be allowed
to seat as ex officio member of the JBC?

Answer 13

Only one member from the bicameral Congress may sit in the JBC. The member ex officio may come either from the Senate or the House of Representatives, but not both.