JUDICIAL BRANCH (Article VIII)

Question 1

is the highest
tribunal in the Philippines.

Answer 1

Supreme Court

Question 2

Supreme Court consists of the,

Answer 2

Chief Justice and 14 Associate Justices

Question 3

• includes the duty of the courts of justice to settle actual controversies
  involving rights which are legally demandable and enforceable, and to determine
  whether or not 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.

Answer 3

Judicial power

Question 4

Scope of Judicial Power

Answer 4

1. Power of Judicial Review
2. Adjudicatory Power
3. Incidental Power

Question 5

Power of Judicial Review

Answer 5

a) To pass upon the validity of the laws of the State and acts upon the other departments of the Government.
b) To interpret them
c) To render binding judgment

Question 6

Adjudicatory Power

Answer 6

a) To settle actual controversies involving rights
b)To determine whether there has been a grave abuse of discretion to lack or excess of
jurisdiction, [Legality of actions, Lack of jurisdiction, Lack of authority to act on the matter in dispute Judicial Review Interpret the law and make them binding judgements,
Constitutionality of the laws (Constitutionality of no permit no rally policy)]

Question 7

powers essential for the discharge of their judiciary function (Contempt of Court
Subpoena, Warrant of Arrest)

Answer 7

incidental power

Question 8

Requisites of judicial review

Answer 8

1. Actual case/controversy
2. Proper party Actual case or controversy
3. Earliest possible opportunity
4. Constitutional or legal question

Question 9

one which involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial resolution; the case must
not be moot or academic or based on extra-legal or other similar considerations not cognizable by a court of justice.

Answer 9

Actual case/controversy

Question 10

It refers to a personal and substantial interest in the case such that the party has sustained or
will sustain direct injury as a result of the governmental act that is being challenged.

Answer 10

Proper party Actual case or controversy

Question 11

It must be raised at the earliest possible opportunity.

Answer 11

Earliest possible opportunity

Question 12

is simply an offshoot of the presumption of validity accorded the executive and legislative acts of our co-equal branches of the
government. Ultimately, it is rooted in the principle of separation of powers.

Answer 12

Constitutional or legal question

Question 13

is a guarantee given by the Constitution to certain units of the government. It is intended
as a guarantee of separation of powers and of independence from political agencies.

Answer 13

Fiscal autonomy

Question 14

• Agencies under the Executive Department performing duties
  similar to the Judicial Department They render judgements just like the Judicial Department,
  yet they form part of the Executive Department, make pronouncements and judgements on certain issues.

Answer 14

Quasi judicial Agencies

Question 15

Exercise this over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.

Answer 15

Original jurisdiction

Question 15

Powers of the Supreme Court

Answer 15

1. Original jurisdiction
2. Appellate jurisdiction
3. Temporary assignment of judges
4. Order change of venue of trials
5. Rule-making power
6. Appointing power
7. Power of administrative supervision
8. Power to discipline judges of lower courts

Question 16

• a writ issued from a superior court requiring a lower court to transmit
  the records of a case to the superior court for the purpose of review.

Answer 16

Certiorari

Question 17

• by which a superior court commands a lower court to desist from further proceedings in an action or matter.

Answer 17

Prohibition

Question 18

• an order by a superior court commanding a lower court, a board or a corporation to perform a certain act which it is bound to do so.

Answer 18

Mandamus

Question 19

• an action by the government to recover an office or franchise
  from an individual unlawfully holding it.

Answer 19

Quo warranto

Question 20

• a writ issued in order to bring somebody who has been detained
  into court, usually for a decision on whether the detention is lawful.

Answer 20

Habeas corpus

Question 21

Review, revise, reverse, modify, or affirm on appeal or certiorari

Answer 21

Appellate jurisdiction

Question 22

Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.

Answer 22

Temporary assignment of judges

Question 23

to avoid a miscarriage of justice.

Answer 23

Order change of venue of trials

Question 24

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged.

Answer 24

Rule-making power

Question 25

Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Answer 25

appointing power

Question 26

The Supreme Court shall have administrative supervision over all courts and the personnel thereof (Section 6)

Answer 26

Power of administrative supervision

Question 27

The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon

Answer 27

Power to discipline judges of lower courts

Question 28

” refers to the collectivity of all persons whose names appear in the roll of attorneys in the Supreme court,

Answer 28

“Bar

Question 29

The members of the Judicial and Bar Council A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the

Answer 29

1. Chief Justice as ex officio Chairman 2. Secretary of Justice, 3. Representative of the Congress as ex officio Members, 4. Representative of the Integrated Bar

Question 30

- shall serve for four years

Answer 30

representative of the Integrated Bar

Question 31

- for three years

Answer 31

professor of law

Question 32

- for two years

Answer 32

retired Justice

Question 33

- for one year.

Answer 33

representative of the private sector

Question 34

-Holding a position or membership due to the power or influence of one's office, and not by election or appointment

Answer 34

Ex Officio

Question 35

the regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

Answer 35

Emoluments

Question 36

recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Answer 36

Principal function of the Council

Question 37

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. (en banc - means the court sits as one body)

Answer 37

En banc cases.

Question 38

En banc cases.

Question 39

the regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

Answer 39

Emoluments

Question 40

-shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Answer 40

Principal function of the Council