1. Constitutional Law I Silliman University College of Law
JUDICIAL DEPARTMENT
Constitutional Law I
Silliman University College of Law

2. JUDICIAL POWER The duty of the courts of justice to
settle actual controversies involving rights which are legally demandable and enforceable
To determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government.

3. CHARACTERISTIC DEFENSIVE
There can be no occasion for the exercise of judicial power unless real parties come to court for the settlement of an actual controversy and unless the controversy is such that it can be settled in a manner that binds the parties by the application of existing laws.

4. TO WHAT EXTENT? Until the execution of a sentence
See Echegaray vs. Secretary of Justice
“the power to control the execution of its decision is an essential aspect of jurisdiction”
“the most important part of litigation, whether civil or criminal, is the process of evaluation of decisions where supervening events may change the circumstance of the parties and compel courts to intervene and adjust the rights of the litigants to prevent unfairness.”

5. GRAVE ABUSE OF DISCRETION
POLITICAL QUESTIONS beyond this sphere
Means such capricious and whimsical exercise of judgment and is equivalent to lack of jurisdiction
Abuse must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law

6. Advisory Opinions Discouraged
Decision must contain only decisions relevant to the question that is for decision
Judges should refrain from expressing irrelevant opinions in their decisions which may only reflect unfavorably upon their competence and the propriety of their judicial actuation

7. Declaratory Relief
An action by which a persons interested under a deed, will, contract or other written instrument to determine any question of construction or validity arising under the instrument and for a determination of his rights or duties thereunder.
See requirements at page 924 of Bernas text

8. JURISDICTION
Right to define and apportion belongs to Congress except Section 5 cases
ORIGINAL SC JURISDICTION affecting ambassadors and other public ministers and consuls, petitions for certiorari, mandamus, quo warranto and habeas corpus
EXCLUSIVE APPELLATE JURISDICTION in constitutionality cases, legality of tax, jurisdiction of a lower court, criminal cases of reclusion perpetua or higher, appeals on questions of fact and law

9. Assignment of judges of lower courts
Order change of venue or place of trial
Promulgate rules regarding practice of law, procedure, legal assistance and rules of special courts
Appoint all officials and employees of the judiciary
NOTE
NO LAW SHALL BE PASSED INCREASING THE APPELLATE JURISDICTION OF THE SUPREME COURT WITHOUT ITS ADVICE AND CONCURRENCE.

10. READ Lopez vs. Roxas (17 SCRA 756) and Vargas vs. Rilloraza (80 Phil
Compare the decisions

11. COMPOSITION
SUPREME COURT
Chief Justice
14 Associate Justices

12. HOW DOES THE SUPREME COURT DECIDE
EN BANC
MAJORITY DECISION of all members who took part in the deliberation
Constitutionality issues
DIVISIONS OF 3, 5 OR 7
MAJORITY of members who took part in deliberations and with concurrence of at least 3
When vote not obtained? EN BANC

13. CASES HEARD EN BANC
Constitutionality of a treaty, international or executive agreement or law
Constitutionality of a presidential decree, proclamation, order, ordinance and other regualtions
Cases heard by a division when vote is not obtained
Cases where SC modifies or reverses a doctrine or principle of law previously laid down en banc or in division
Administrative cases for dismissal of a judge of the lower court
Election contests for President and Vice President

14. Read FORTICH VS. CORONA G.R. No. 131457 (August 19, 1999)
What does “decision en bank when vote of a division is not obtained” mean?

15. JUDICIAL REVIEW Marbury vs. Madison
Recite the Case
How is judicial review defined there?
SUPERIORITY OF THE CONSTITUTION
REQUISITES
1. actual case or controversy
2. question is ripe for adjudication
3. party bringing the suit has locus standi
4. raised at the earliest opportuned time (People vs. Vera addition)

16. See Cases Oposa vs. Factoran Kilosbayan vs. Guingona (232 SCRA 110)
Bayan vs. Zamora (G.R. No Oct 10, 2000) (VFA Challenge)
Lim vs. Arroyo (G.R. No , April 11, 2002) (Balikatan exercises)
Gonzales vs. Macaraig, 191 SCRA 452 (legal standing of Senate)

17. TAXPAYER’S SUIT Pascual vs. Secretary, 110 Phil 331)
Sufficient interest in preventing the illegal expenditure of money raised by taxation
Sustain a direct injury as a result of the enforcement of the questioned statute
NOTE
In taxpayer’s suits, the SC has open discretion to entertain it or not
Action challenged must be the exercise of the spending or taxing power of Congress

18. POLITICAL QUESTIONS WHAT IS IT? Baker vs. Carr
A textually demonstrable constitutional commitment of the issue to a political department
Lack of judicially discoverable and manageable standards for resolving it
Potentiality of embarrassment from multifarious pronouncements of various departments on one question
Impossibility of deciding without an initial policy determination or without expressing lack of respect to coordinate branches

19. Can inferior courts exercise the power of judicial review?
OF COURSE
Judicial Review is Judicial Power

20. IMPORTANT ISSUES Bar Flunkers Act (R. A, 972) Integration of the Bar
In Re Cunanan, 94 Phils 534
Integration of the Bar
In Re Integration to the Bar, 49 SCRA 22
In Re Edillon, 84 SCRA 554

21. Qualification for SC Justice
Natural-born citizen
Member of the Phil Bar
At least 40 years of age
15 years of more a judge or engaged in the practice of law
WHAT IS PRACTICE OF LAW
See Cayetano vs. Monsod

22. JUDICIAL AND BAR COUNCIL
Chief Justice (ex-officio chair)
Secretary of Justice
Representative of Congress (ex-officio)
Representative of IBP (4 years)
Professor of Law (3 years)
Retired Member of SC (2 years)
Representative of Private Sector (1 year)
APPOINTED BY THE PRESIDENT

23. Recommends appointees to the Judiciary
Principal function
Recommends appointees to the Judiciary

24. APPOINTMENT Of SC Justices and lower court judges Lower court
From a list of 3 recomendees from the JBC
No confirmation needed
Lower court
Issued within 90 days from submission of list

25. FIXED BY LAW DURING THEIR TENURE, NOT INCREASE
SALARY
FIXED BY LAW DURING THEIR TENURE, NOT INCREASE

26. On good behavior, until 70 years of age
TERM
On good behavior, until 70 years of age

27. DISCIPLINE Supreme Court en banc
Can be dismissed by majority vote of those who took part in deliberations