Judicial Department Flashcards
(90 cards)
1
Q
What is Judicial Power?
A
Judicial power includes the duty of the courts of justice to
a. settle actual controversies involving rights which are legally demandable and enforceable; and
b. to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on teh part of any branch or instrumentality of Government (limit to the doctrine of “political question”)
2
Q
Judicial power is vested in:
A
a. the Supreme Court
b. such lower courts as may be established by law
3
Q
What is Juditial power as defined in Sec 1(2) Art VIII of the Constitution?
A
Duty to settle actual controversies involving and
rights which are legally demandable 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 [Sec. 1(2), Art. VIII, Constitution]
4
Q
Where is judicial power vested?
A
Supreme Court and lower courts
5
Q
What is Judicial Review as defined in Angara v Electoral Commission?
A
Power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution.
6
Q
Where is judicial review vested?
A
Supreme Court and Lower Courts
7
Q
What are the requisites for exercising judicial power?
A
Jurisdiction –Power to decide and hear a case and execute a decision thereof
8
Q
What are the requisites for the exercise of judicial review?
A
a. Actual case or controversy
b. Locus Standi
c. Question raised at the
earliest opportunity
d. Lis mota of the case
9
Q
T/F
The power of judicial review does extends to calibrating the President’s decision pertaining to which extraordinary power to avail given a set of facts or conditions (declaration of martial law.
A
To do so would be tantamount to an incursion into the exclusive domain of the Executive and an
infringement on the prerogative that solely, at least initially, lies with the President [Lagman v. Medialdea]
10
Q
What is Judicial Supremacy?
give definition in Angara v Electora Commission
A
When the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. This is in truth all that is involved in what is termed “judicial supremacy” which properly is the power of judicial review under the Constitution [Angara v. Electoral Commission, supra].
11
Q
What are the functions of Judicial Review?
A
- Checking
- Legitimating
- Symbolic
12
Q
What does an ‘actual case or controversy’ entail?
A
This means that there must be a genuine conflict of legal rights and interests which can be resolved through judicial determination [John Hay v. Lim]
13
Q
What does the requirement of an ‘actual case or controversy’ preclude the Court from entertaining?
A
- Request for an advisory opinion
- Cases that are or have become moot and academic ie cease to present a jusitciable controvery futo to supervening events.
14
Q
What is locus standi / legal standing?
A
Legal standing or locus standi refers to a party’s
personal and substantial interest in a case, arising from the direct injury it has sustained or will sustain as a result of the challenged governmental action.
15
Q
What does ‘interest’ mean with regards to locus standi?
A
The term “interest” means a material interest, an interest in issue affected by the governmental action, as distinguished from mere interest in the question involved, or a mere incidental interest.
16
Q
Who is a proper party?
A
A proper party is one who has sustained or is in imminent danger of sustaining a direct injury as a result of the act complained of [IBP v. Zamora]
The alleged injury must also be capable of being redressed by a favorable judgment [Tolentino v. COMELEC]
17
Q
When can the court brush aside the requirement of ‘proper party’?
A
It may be brushed aside by the court as a mere procedural technicality in view of paramount public interest or transcendental importance of the issues involved.
18
Q
Enumerate who qualifies as proper parties.
A
- taxpayers - when public funds are involved
- government of the Philippines - when questioning the validity of its own laws.
- Legislators - when the powers of Congress are being impaired
- Citizens -when the enforcement of a public right is involved
- Any Filipino citizen - in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under environmental laws
19
Q
What are the requisites for standing as taxpayer?
A
- Appropriation
2. Disbursement
20
Q
What are the requisites for standing as citizen?
A
- Direct injury,
- Public right; OR Sec. 18, Art. VII (on the sufficiency of the factual basis for martial law or suspension of the privilege of the writ of Habeas Corpus)
21
Q
What are the requisites for standing as voter?
A
Right of suffrage is involved
22
Q
What are the requisites for standing as legislator?
A
- Authorized;
- Affects
legislative
prerogatives (i.e. a derivative suit)
23
Q
What are the requisites for standing as third-party standing?
A
- Litigants must have injury in-fact;
- Litigants must have close relation to the third-party; and
Third-Party Standing - There is an existing hindrance to the third party’s ability to protect its own interest. [White Light v. City of Manila]
24
Q
What are the requisites for standing in the enforcement of environmental laws?
A
- Any Filipino citizen;
- In representation of others, including minors or generations yet unborn [Resident Marine Mammals of the Protected Seascape Tanon Strait v. Reyes]
25
When can an association have standing?
Despite its lack of interest, an association has the legal personality to file a suit and represent its members if the outcome of the case will affect their vital interests.
26
When can an organization have standing to assert the concern of its constituents?
an organization has the standing to assert the concern of its constituents
27
What are the exeptions to the rule that constitutional question must be raise at the earliest possible opportunity?
1. In criminal cases, at the discretion of the court;
2. In civil cases, if necessary for the determination of the case itself; and
3. When the jurisdiction of the court is involved
28
When is the reckoning point for the the requirement that constitutional question must be raised at the earliest possible opportunity?
The reckoning point is the first competent court. The question must be raised at the first court with judicial review powers. [Serrano v. Gallant Maritime Services]
29
What does the requirement of lis mota entail?
The decision on the constitutional question must be determinative of the case itself.
The constitutionality of an act of the legislature will not be determined by the courts unless that question is properly raised and presented inappropriate cases and is necessary to a determination of the case; i.e., the issue of constitutionality must be the very lis mota presented.
30
What is the Operative Fact Doctrine?
It is the doctrine which states that: Subsequent declaration of unconstitutionality does not nullify all acts exercised in line with [the law]. The past cannot always be erased by a new judicial declaration.
The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law, but it can never be invoked to validate as constitutional an unconstitutional act
----------------------------------------
It is an exception to the general rule that: The interpretation (or declaration) of unconstitutionality is retroactive in that it applies from the law’s effectivity.
31
What are the 2 views regarding the effects of a declaration of unconstitutionality?
2. Orthodox View:
An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative, as if it had not been passed at all.
2. Modern View:
Certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized.
32
When is a case moot and academic?
- when there is no more actual controversy between the parties or no useful purpose can be served in passing upon the merits
- It ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value
33
What does the requirement of 'ripeness of the controversy' entail?
The sue must be raised not too early that it is conjectural or anticipatory, nor too late that it becomes moot.
34
What are the exceptions to the general rule that Courts will not decide questions that have become moot and academic?
1. There is a grave violation of the Constitution;
2. The situation is of exceptional character and paramount public interest is involved;
3. [Symbolic Function] The constitutional issue raised requires formulation of controllingprinciples to guide the bench, the bar and the public; and
4. The case is capable of repetition yet evading review [David v. Macapagal-Arroyo, supra].
35
What is the "Political Question Doctrine"?
Issues which are political in nature are not justiciable?
In recent years, the Court has set aside this doctrine and assumed jurisdiction whenever it found constitutionallyimposed limits on the exercise of powers conferred upon the Legislative and Executive branches.
36
What does "political question" refer to?
(1) matters to be exercised by the people in their primary political capacity; or
(2) those specifically delegated to some other department or particular office of the government, with discretionary power to act.
It is concerned with issues dependent upon the wisdom, not legality, of a particular measure [Tañada v. Cuenco]
37
Determine if Political Question or Justiciable Controversy:
The legislature's exercise of disciplinary power over its member is not to be interfered with by the Court.
Political Question
38
Determine if Political Question or Justiciable Controversy:
Election of Senate President was done without the required quorum
Justiciable Controversy
39
Determine if Political Question or Justiciable Controversy:
Inherent right of the legislature to determine who shall be admitted to its membership
Political Question
40
Determine if Political Question or Justiciable Controversy:
The selection of the members of the Senate Electoral Tribunal
Justiciable Controversy
subject to constitutional limitations
41
Determine if Political Question or Justiciable Controversy:
Mandamus and injunction could not lie to enforce or restrain a duty
which is
discretionary (calling a special local election).
Political Question
42
Determine if Political Question or Justiciable Controversy:
The Commission on Appointments is a constitutional creation and does not derive its power from Congress
Justiciable Controversy
43
Determine if Political Question or Justiciable Controversy:
President's appointing power
Political Question
44
Determine if Political Question or Justiciable Controversy:
Suspension of the privilege of the writ of habeas corpus
Justiciable Controversy
45
Determine if Political Question or Justiciable Controversy:
WON the 1973 Constitution had been ratified in accordance with the 1935 Constitution
Justiciable Controversy
46
Determine if Political Question or Justiciable Controversy:
President Duterte's decision to have the remains of Marcos interred at the Libingan Ng MgaBayani (LNMB)
Political Question
47
Enumerate the Safeguards of Judicial Independence
1. The SC is a constitutional body. It cannot be abolished nor may its membership or the manner of its meetings be changed by mere legislation. [Sec. 4, Art. VIII, Constitution]
2. The members of the judiciary are not subject to confirmation by the CA.
3. The members of the SC may not be removed from office except by impeachment. [Sec. 2, Art. XI]
4. The SC may not be deprived of its minimum original and appellate jurisdiction as prescribed in Art. X, Sec. 5 of the Constitution. [Sec. 2, Art. VIII]
5. The appellate jurisdiction of the SC may not be increased by law without its advice and concurrence. [Sec. 30, Art. VI; Fabian v. Desierto, G.R. No. 129742 (1988)]
6. The SC has administrative supervision over all lower courts and their personnel. [Sec. 6, Art. VIII]
7. The SC has exclusive power to discipline judges of lower courts. [Sec. 11, Art. VIII]
8. The members of the SC and all lower courts have security of tenure, which cannot be undermined
by a law reorganizing the judiciary. [Sec. 2, Art. VIII, Constitution]
9. 9. They shall not be designated to any agency performing quasi-judicial or administrative functions. [Sec. 12, Art. VII]
10. The salaries of judges may not be reduced during their continuance in office. [Sec. 10, Art. VIII]
11. The judiciary shall enjoy fiscal autonomy. [Sec. 3, Art. VI
12. The SC alone may initiate rules of court. [Sec. 5 (5), Art. VIII]
13. Only the SC may order the temporary detail of judges. [Sec. 5(3), Art. VIII]
14. The SC can appoint all officials and employees of the judiciary. [Sec. 5(6), Art. VIII]
48
What are administrative functions?
Administrative functions are those that involve regulation of conduct of individuals or promulgation of rules to carry out legislative policy.
49
What is fiscal autonomy?
Fiscal autonomy means freedom from outside control.
Itcontemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require.
It recognizes the power and authority to levy, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided by law or prescribed by them in the course of the discharge of their functions.
50
When will the Judiciary exercise Judicial Restraint?
The judiciary will not interfere with its co-equal branches when:
1. There is no showing of grave abuse of discretion.
2. The issue is a political question.
------------------------------------------
But see Francisco v. House of Representatives (2001): At the same time, the Court has the duty to determine whether or not there has been grave abuse of discretion by any instrumentality of government under its expanded judicial review powers. (This allowed the SC to interfere in a traditionally purely political process, i.e. impeachment, when questions on compliance with Constitutional processes were involved.)
51
What are the guidelines for determining whether a question is political or not.
[cited in Estrada v Desierto]
1. There is a textually demonstrable constitutional commitment of the issue to a political department;
2. Lack of judicially discoverable and manageable standards for resolving it;
3. The impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion;
4. Impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government;
5. An unusual need for unquestioning adherence to a political decision already made;
6. Potentiality of embarrassment from multifarious pronouncements by various departments on one question.
52
What does "practice of law" mean with regards to the requirements to appointments to the judiciary?
“Practice of law” is not confined to litigation. It means any activity in and out of court, which requires the application of law, legal procedure, knowledge, training and experience. [Cayetano v. Monsod]
53
What are the constitutional requirements for justices of the SC?
1. Natural born citizens
2. At least 40 years of age
3. Engaged in the practice of law or a judge of 15 years or more
4. Must be of proven competence, integrity, probity and independence.
54
What are the constitutional requirements for justices of Lower collegiate courts?
1. Natural born citizen
2. Member of the Philippine Bar
3. Must be of proven competence, integrity, probity and independence
4. Such additional requirements provided by law.
55
What are the requirements of the judges of lower courts?
1. Filipino citizens (Rules of the Judicial and Bar Council, Nov. 2000, Rule
2. Note the conflict between the Rules and B.P. 129; the Rules cite the Constitutional requirement, but disregarded the first clause of Art. VIII, Sec. 7(2), i.e. “The Congress shall prescribe the qualifications of judges of lower courts […]”)
2. Member of the Philippine Bar
3. Must be of proven competence, integrity, probity and independence.
4. Such additional requirements provided by law.
56
What is the age requirement of RTC Judges in Sec 15, BP 129?
At least 35 years of age
57
What is the age requirements for MTC/MCTC Judges in Sec 26, BP 129?
At least 30 years of age
58
What is the experience requirement for RTC, MTC, MCTC Judges?
Has been engaged for at least 5 years in the practice of law OR has held public office in the PH requiring admission to the practice of law as an indispensable requisite
59
What is the tenure of the members of the judiciary?
Hold office during good behavior until they reach the age of 70 OR become incapacitated to discharge their duties
60
Disqualifications of Judiciary members from other positions or offices:
FIB
Sec 12, Art VIII, Constitution
The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing __________ or __________ functions.
quasijudicial
administrative
61
What is the composition of the Judicial and Bar Council?
Ex-officio members [Sec. 8(1), Art. VIII, Const.]
a. Chief Justice as ex-officio Chairman
b. Secretary of Justice
c. One representative of Congress
Regular members [Sec. 8(1), Art. VIII, Const.]
a. Representative of the Integrated Bar
b. Professor of law b. Retired member of the SC
c. Representative of private sector
62
Who will be the Secretary ex-officio of the JBC?
Clerk of Court of the SC, who shall keep a record of its proceedings; not a member of the JBC.
63
What is the tenure of the ex-officion members of the JBC?
Ex-officio members: the position in the Council is good only while the person is the occupant of the office.
64
What is the term of the regular members of the JBC?
The regular members shall be appointed by the President with the consent of the Commission on Appointments. The term of the regular members is 4 years.
65
What is the primary function of the JBC?
Recommend appointees to the judiciary; may exercise such other functions and duties as the SC may assign to it. [Sec. 8(5), Art. VIII, Constitution]
66
Does the SC have supervisory authority of the JBC?
Sec. 8, Art. VIII of the Constitution provides “A Judicial and Bar Council is hereby created under the supervision of the Supreme Court.” The supervisory authority of the Court over the JBC covers the overseeing of compliance with its rules [Jardeleza v. Judicial and Bar Council, G.R. No. 213181 (2014)].
67
What is the procedure of appointment of members of the JBC?
1. The JBC shall submit a list of three (3) nominees for every vacancy to the Presidence [Sec. 9, Art. VIII]
2. Any vacancy in the Supreme Court shall be filed within ninety (90) days from the occurrence thereof [Sec. 4(1), Art. VIII)
3. For lower courts, the President shall issued the appointment within ninety (90) days from the submission by the JBC of such list [Sec. 9, Art. VIII]
68
Does the prohibition against midnight appointments apply to the judiciary?
NO.
The prohibition against midnight appointments does not apply to the judiciary [See De Castro v. JBC, G.R. No. 191002 (2010)].
69
What is the composition of the Supreme Court?
* Chief Justice and 14 Associate Justices
* May sit en banc or in divisions of three, five, or seven Members
* Vacancy shall be filled within 90 days from the occurrence thereof
70
What are the instances wen the SC sits in En banc?
a. Those involving the constitutionality, application, or operation of:
1. Treaty
2. Orders
2. International or executive agreement
3. Law
4. Presidential decrees
5. Instructions
6. Proclamations
7. Ordinances
8. Other regulations
b. Exercise of the power to discipline judges of lower courts, or order their dismissal [Sec. 11, Art. VIII]
c. Discipline of judges can be done by a division, BUT En Banc decides cases for dismissal, disbarment, suspension for more than 1 year, or fine of more than P10,000 [People v. Gacott, G.R. No. 116049 (1995)]
d. Cases or matters heard by a Division where the required number of votes to decide or resolve (the majority of those who took part in the deliberations on the issues in the case and voted thereon, and in no case less than 3 members) is not met [Sec. 4(3), Art. VIII]
e. Modifying or reversing a doctrine or principle of law laid down by the court in a decision rendered en banc or in division [Sec. 4(3), Art. VIII]
f. Actions instituted by citizen to test the validity of a proclamation of Martial law or suspension of the privilege of the writ [Sec. 18, Art. VII, Constitution]
g. When sitting as Presidential Electoral Tribunal [Sec. 4, par.7, Art. VII]
h. All other cases which under the Rules of Court are required to be heard by the SC en banc. [Sec. 4(2), Art. VIII]
71
When can a doctrine or principle of law laid down by the Court, either rendered en banc or in division, be overturned?
only by the Court sitting en banc
| [PUP v Firestone Ceramic]
72
Can Congress repeal, alter, or supplement rules concerning pleading, practice and procedure in the judiciary?
NO.
The 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules concerning pleading, practice and procedure. The power to promulgate rules of pleading, practice and procedure is no longer shared by the Court with Congress, more so with the Executive [Echegaray v. Secretary of Justice G.R. No. 132601 (1991)].
73
What are the limitations to the Supreme Court's procedural rule making?
Limitations:
a. Shall provide a simplified and inexpensive procedure for speedy disposition of cases
b. Uniform for all courts in the same grade
c. Shall not diminish, increase or modify substantive rights
74
What are the administrative powers of the Supreme Court?
a. Assign temporarily judges of lower courts to other stations as public interest may require;
b. Shall not exceed 6 months without the consent of the judge concerned;
c. Order a change of venue or place of trial to avoid a miscarriage of justice;
d. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law;
e. Supervision over all courts and the personnel thereof;
f. Discipline judges of lower courts, or order their dismissal.
75
Can the JBC add more qualifications for judges of lower courts?
YES.
The qualifications of judges of lower courts as stated by the Constitution are minimum requirements. The JBC may determine or add more qualifications when such policies are necessary and incidental to the function conferred in the Constitution [Villanueva v. JBC, G.R. No. 211833 (2015)].
76
What is the period for Deciding Cases?
[Sec 15(1), Art VIII]
Supreme Court - 24 months
Lower Collegiate Courts - 12 months unless reduced by the SC
Other Lower Courts - 3 months unless reduced by the SC
77
When is the period for deciding cases counted from?
Period is counted from the date of submission
78
When is a case deemed submitted?
Case is deemed submitted upon filing of the last pleading, brief or memorandum requried by the Rules or the court.
79
What must be done upon the expiration of the period for deciding cases?
Upon expiration of the period, the Chief Justice or presiding judge shall issue a certification stating why the decision or resolution has not been rendered within the period [Sec. 15(3)].
This provision is merely directory and failure to decide on time would not deprive the corresponding courts of jurisdiction or render their decisions invalid [De Roma v. CA]
80
What is the period for deciding cases for the Sandiganbayan?
The Sandiganbayan, while of the level as the Court of Appeals, functions as a trial court. Therefore, the period for deciding cases which applies to the Sandiganbayan is the 3 month period, not the 12 month period.
[In Re Problems of Delays in Cases before the Sandiganbayan, A. M. No. 00-8-05- SC (2001)].
81
What is the definition of Jurisdiction?
Jurisdiction is the authority to hear and determine a cause [US v. Limsiongco, G. R. No. 16217 (1920)].
82
What is under the original jurisdiction of the Supreme Court?
a. Cases affecting ambassadors, other public ministers and consuls
b. Petition for certiorari
c. Petition for prohibition
d. Petition for mandamus
e. Petition for quo warranto
f. Petition for habeas corpus
Original jurisdiction also extends to writs of amparo, habeas data, and the environmental writ of kalikasan
83
When is the appellate jurusdiction of the court exercised?
[Sec. 5(2), Art. VIII]: on appeal or certiorari (as the Rules of Court provide), SC may review, revise, reverse, modify, or affirm final judgments and orders of lower courts in:
a. Cases involving the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation, except in circumstances where the Court believes that resolving the issue of constitutionality of a law or regulation at the first instance is of paramount importance and immediately affects the social, economic and moral well-being of the people [Moldex Realty v. HLURB, G.R. No. 149719 (2007)];
b. Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
c. Cases in which the jurisdiction of any lower court is in issue;
d. Criminal cases where the penalty imposed is reclusion perpetua or higher.;
e. Cases where only a question of law is involved;
84
What is the doctrine of judicial stability or non-interference?
No court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by injunction.
------------------------------------------
The rationale for the rule is founded on the concept of jurisdiction: a court that acquires jurisdiction over the case and renders judgment therein has jurisdiction over its judgment, to the exclusion of all other coordinate courts, for its execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers acting in connection with this judgment [United Alloy Philippines v. UCPB, G.R. No. 179257 (2015)].
85
What is "Finality of Judgments"?
A decision that has acquired finality becomes immutable and unalterable and may no longer be modified in any respect even if the modification is meant to correct erroneous conclusions of fact or law and whether it was made by the court that rendered it or by the highest court of the land [Genato v. Viola]
86
What is judicial privilege?
Judicial Privilege:
A form of deliberative process privilege; Court records which are pre-decisional and deliberative in nature are thus protected and cannot be the subject of a subpoena.
-------------------------------------------
Judicial Privilege is an exception to the general rule of transparency as regards access to court records. Court deliberations are traditionally considered privileged communication.
87
When is a document pre-decisional?
A document is pre-decisional if it precedes, in temporal sequence, the decision to which it relates.
88
When is a material deliberative?
A material is deliberative on the other hand, if it reflects the give-and-take of the consultative process. The key question is whether disclosure of the information would discourage candid discussion within the agency.
89
What are the requirements for Decisions and Resolutions of the SC?
Sec. 13, Art. VIII.
The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.
Sec. 14, Art. VIII
No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefore.
90
Is a "Resolution" a "Decision" within the meaning of Sec. 14 of Art VIII of the SC?
NO.
This mandate applies only in cases "submitted for decision," i.e., given due course and after the filing of Briefs or Memoranda and/or other pleadings, as the case may be. It does not apply to an Order or Resolution refusing due course to a Petition for Certiorari [Nunal v. COA]
