ARTICLE 7.

EXECUTIVE BRANCH

1. ARTICLE 7. EXECUTIVE BRANCH

2. The Executive Branch Charged with the execution and
administration of a countrys laws In general, the executive branch
sets the direction of national policy
3. EXECUTIVE POWER It is the power to enforce and administer the
laws (Cooley, Constitutional Limitation, 8th ed., p. 183) The
executive power is vested in the President of the Philippines (Art. VII,
Sec. 1)
4. Qualifications Natural Born Citizen A Registered Voter Able to
Read and Write Atleast 40 years of age on the day of election
Resident of the Philippines for atleast ten years immediately
preceding the election.
5. Term of Office Election The President and VicePresident shall be
elected by the people for six (6) years. (Art. VII, Sec 4(1) Shall not
be eligible for any re-election No Person who has succeded as
President xxx for more than 4 years shall be qualified xxx (Art. VII,
Sec 4) 1.)Regular Second Monday of May, every six years
2.)Speciala.) Death, Disability, Removal from office or Resignation b.)
Vacancies occur more than eighteen months before next election c.)
A law passed by congress
6. I, do solemnly swear that I will faithfully and conscientiously fulfill my
duties as President of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God.
7. Salaries President Shall receive an annual salary of three hundred
thousand pesos (Php 300,000). Vice President Two hundred forty
thousand pesos.
8. Vice-President Qualifications are same with the President. Eligible
for the position of member of the Cabinet(no need for CA
confirmation) Allowed to serve for two successive terms.
9. SEAL OF THE VICE PRESIDENT OF THE REPUBLIC OF THE
PHILIPPINES
10. Presidential Succession(Sec 7-8) 2 sets of rule: a.) Occuring
before the term b.) Occuring mid-term
11. THE EXECUTIVE DEPARTMENT RULES ON SUCCESSION
Vacancy at the beginning of the term: Death or permanent disability
of the President-elect VP-elect shall become President President-
elect fails to qualify VP-elect shall ACT as president until the
President-elect shall have qualified. President shall not have been
chosen: VP-Elect shall ACT as president until a President shall have
been chosen & qualified.
12. THE EXECUTIVE DEPARTMENT No President and VP
chosen or qualified, or both have died or become permanently
 disabled: SENATE PRESIDENT in an acting capacity In case of
inability SPEAKER OF THE HOUSE in an acting capacity Until a
president or a VP shall have been chosen and qualified. IN THE
EVENT OF INABILITY OF BOTH, who shall ACT as President?
CONGRESS SHALL BY LAW PROVIDE FOR THE MANNER IN
WHICH ONE WHO IS TO ACT AS PRESIDENT SHALL BE
SELECTED UNTIL A PRESIDENT OR A VP SHALL HAVE
QUALIFIED.
13. THE EXECUTIVE DEPARTMENT VACANCY DURING THE
TERM Death, permanent disability, removal from office, or
resignation of the President VP SHALL become President
14. . THE EXECUTIVE DEPARTMENT Death, permanent disability,
removal from office, or resignation of President AND Vice president:
Senate President acting capacity IN CASE OF INABILITY
Speaker of the House acting capacity Until a President or VP shall
be elected and qualified. Congress, by law, shall provide for the
manner which one is to act as President in the event of inability of the
officials mentioned above.
15. THE EXECUTIVE DEPARTMENT TEMPORARY DISABILITY
When the President TRANSMITS to the SP and the SH Written
Declaration that he is unable to discharge the powers and duties of
his office, and until he transmits to them a written declaration to the
contrary: such powers and duties shall be discharged by the VP as
ACTING President. Majority of ALL the Members of the CABINET
TRANSMIT to the SP and SH: Written Declaration that the P is
unable to discharge the powers and duties of his office VP
IMMEDIATELY assumes the powers and duties of the Office as
ACTING PRESIDENT President transmits Written Declaration that
NO inability exists, Reassume the powers of the office of the
President
16. THE EXECUTIVE DEPARTMENT Should a majority of the
CABINET MEMBERS transmit within 5 days to the SP and SH
Written declaration that the P is unable to discharge the powers and
duties of his office, CONGRESS SHALL DECIDE THE ISSUE.
Congress shall convene, if not in session, within 48 hours. Within 10
days from receipt of last written declaration or, if not in session, within
12 days after it is required to assemble, Congress determines by a
vote of 2/3 vote of both Houses voting Separately, that the president
is unable to discharge the powers and duties of his office, the VP
shall act as President, otherwise, the President shall continue
exercising the powers and duties of his office.
17. THE EXECUTIVE DEPARTMENT Constitutional Duty of
Congress in case of vacancy in the offices of the President and the
VP: At 10AM of the 3rd day after the vacancy occurs, Congress shall
convene w/o the need of a call, and within 7 days, enact a law calling
 for a special election to elect a President and VP to be held not
earlier than 45 nor later than 60 daysfrom the time of such call. NO
SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY
OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE NEXT
PRESIDENTIAL ELECTION. Removal of the President:
Impeachment. Sec. 2&3, Art. XI
18. Prohibitions and Inhibitions 1. 2. 3. 4. No increase in salaries
during the term. Shall not receive emoluments Shall not hold any
other office. Shall not, directly or indirectly, practice any other
profession, business, or be financially interested in any other contract
with franchises of the government. 5. Avoid conflict of interest in the
conduct of their office 6. May not appoint spouse or relatives by
consanguinity or affinity within 4th civil degree (ART. VII, SECTIONS
6, 13)
19. POWERS OF THE PRESIDENT 1.) Executive Power 2.)
Power of Appointment 3.) Power of Removal 4.) Power of Control 5.)
Military Powers 6.) Pardoning Power 7.) Borrowing Power 8.)
Diplomatic Power 9.) Budgetary Power 10.)Informing Power
11.)Residual Power Other Powers
20. Executive Power President shall have the control of all
executive departments, bureaus, and offices. He shall ensure that
laws are faithfull executed (Art. VII, Sec.17) Until and unless a law is
declared unconstitutional, the President has a duty to execute it
regardless of his doubts as to its validity(Faithful Execution Clause)
(Cruz, Phil. Political Law)
21. Power of Appointment Selection by the authority vested with
the power, of an individual who is to exercise the functions of a given
office. Kinds of Presidential Appointment(Sec.15) Appointment
made by an Acting President Midnight Appointment Regular
Presidential Appointment Ad-Interim Appointment
22. Power of Appointment APPOINTMENT the act of
designation by the executive officer, board, or body to whom the
power has been delegated, of the individual who is to exercise the
functions of a given office.
23. Power of Appointment Sec. 14. Appointments extended by an
Acting President shall remain effective, unless revoked by the elected
President within ninety days from his assumption or reassumption of
office. Acting President: Exercises the powers & functions of the
Office of the President NOT the incumbent President has not
become a President to serve the unexpired portion of the term
24. Not all Cabinet members, however, are subject to confirmation
of the Commission on Appointments. According to the Commission of
Appointments website, the following need confirmation in order to
assume their posts: 1. Executive Secretary 2. Secretary of Agrarian
Reform 3. Secretary of Agriculture 4. Secretary of Budget and
 Management 5. Secretary of Education 6. Secretary of Energy 7.
Secretary of Environment and Natural Resources 8. Secretary of
Finance 9. Secretary of Foreign Affairs 10. Secretary of Health 11.
Secretary of Justice 12. Secretary of Labor and Employment 13.
Secretary of National Defense 14. Secretary of Public Works and
Highways 15. Secretary of Science and Technology 16. Secretary of
Social Welfare and Development 17. Secretary of the Interior and
Local Government 18. Secretary of Trade and Industry 19. Secretary
of Transportation and Communications 20. Secretary of Tourism 21.
Commission on Higher Education 21. Director General of the
National Economic and Development Authority
25. Power of Appointment Sec. 15. Two months immediately
before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued
vacancies therein will prejudice public service or endanger public
safety.
26. Power of Appointment Sec. 16. The President shall nominate
and with the consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors, other public
ministers and consul, or officers of the armed forces from the rank of
colonel or naval captain and other officers whose appointments are
vested in him in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not otherwise
provided for by law, and those whom he may be authorized by law to
appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the
heads of department, agencies, commissions, or boards. The
President shall have the power to make the appointments during the
recess of the Congress whether voluntary or compulsory, but such
appointments shall be effective only until disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.
27. Kinds of presidential appointments (required to be submitted to
the Commission on Appointments) 1. Regular appointments 2. Ad
interim appointments
28. Regular appointments Nomination by the President Consent
by the Commission on Appointments Appointment by the President
29. Ad interim appointments Voluntary- before the adjournment
Compulsory- when Congress adjourns
30. Kinds of appointment in the career services: Permanent
Temporary or acting
31. Steps in the appointing process: APPOINTMENT
ACCEPTANCE
32. Kinds of Acceptance: Express- when done verbally or in
writing; and Implied- when, without formal acceptance, the
appointee enters upon the exercise of the duties and functions of an
office. DESIGNATION- simply the mere imposition of new or
additional duties upon an officer already in the government service
(or any other competent person) to temporarily perform the functions
of an office in the executive branch when the officer regularly
appointed to the office is unable to perform his duties or there exists
a vacancy
33. Power of Removal General Rule: This power is implied from
the power to appoint(Cruz) Exception Those appointed by him
where the Constitution prescribes certain methods for separation
from public service.
34. Power of Control Control The power of an officer to alter,
modify, nuillify, or set aside what a subordinate officer had done in
the performance of his duties and to substitute the judgement of the
former for that of the latter. Supervision Overseeing or the power
or authority of an officer to see that subordinate officers perform their
duties. If the latter fail or neglect to fulfill them, then the former may
take such action or steps as prescribed by law to make them perform
these duties.
35. Doctrine of Qualified Political Agency or Alter Ego Principle The
multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive departments.
The acts of the Secretaries of Executive departments xxx in the
regular course of business or unless dispproved xxx are
presumptively the acts of the Chief Executive.
36. Military Powers 1.) Commander-in-Chief clause To call out the
Armed Forces to prevent or suppress lawless violence, invasion or
rebellion(whenever it becomes neccessary); Vested directly by the
Constitution Authority to declare a state of rebellion Military
Tribunals are simply instrumentalities of the executive power
provided by the legislature for the Commander-in-Chief to aid him in
enforcing discipline in the armed forces.
37. Military Powers 2.) Suspension of writ of Habeas Corpus A
writ directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place xxx
the object of which is the liberation of those who may be in prison
without sufficient cause. Ground for suspension: invasion, rebellion,
when public safety requires it Effects of suspension of Writ: does
not affect the right to bail Applies only to persons facing charges of
rebellion The arrested must be charged within 3 days; if not they
must be released Does not supersede civilian authority.
38. Military Powers 3.) Martial LAW Grounds for declaration:
Invasion and Rebellion The following cannot be done: Suspend
 the operation of the Constitution Supplant the function of the civil
courts and legislative assemblies Violate Open Court
Doctrine(civilians cannot be tried by military courts if the civil courts
are open and functioning) Automatically suspend the writ of Habeas
Corpus
39. Military Powers Constitutional Limitations of Martial LaW And
the suspension of privilege of Habeas Corpus: Ways 60 days, unless
extended by Not more than to lift proclamation or congress
suspension: I. By the President himself President to report to
congress within 48 hours II. Revocation by Congress III. Nullification
by to revoke Court Authority of the congress the Supremeor extend
IV. By operation of law after 60 days Authority of the Supreme Court
to inquire of the factual basis for such action
40. Military power of the President 1. Powers to meet emergency
situations A. to call out the armed forces to prevent or suppress
lawless violence B. to suspend the privilege of the writ of Habeas
Corpus C. to declare martial law Commander- in- Chief of the
Armed Forces
41. Powers of President as Commander-inChief of the Armed
Forces o Not a member of the Armed Forces o Not subject to court
martial or military discipline o Has control of the military organization
and personnel o Has the power to callout the armed forces to prevent
suppress lawless violence
42. However, even in a state of martial law military courts and
agencies have no jurisdiction over civilians where civil courts are able
to function. In event of war, the President, normally, would delegate
the actual command of the armed forces to his military experts. But
the ultimate command belongs to him
43. Power to suspend privilege of writ of habeas corpus There
must be invasion or rebellion The public safety must require the
suspension
44. Meaning of martial law 1. It includes all laws that have
reference to and are administered by the military forces of the state.
A. the military law proper B. the rules governing the conduct of
military forces in times of war and in places under military occupation.
2. It is the law which has application when the military arm does not
supersede civil authority but is called upon to aid it in the execution of
its vital functions.
45. Restriction on the exercise of the two powers 1. there must be
invasion or rebellion and public safety requires the proclamation or
suspension 2. the duration should not exceed 60 days unless
extended by congress upon the initiative of the President 3. the
President must submit a report in person or in writing to Congress
within 48 hours from the proclamation or suspension 4. the
proclamation or suspension may be revoked by majority vote of all
 members of Congress voting jointly which revocation shall not be set
aside by the President. 5. the Supreme Court may inquire into the
sufficiency or factual basis of the proclamation or suspension. 6. the
effects of a state of martial law are clearly spelled out, to define the
extent of the martial power.
46. Effects of a state of martial law 1. Operation of the
Constitution 2. Functions of civil courts and legislative assemblies
3. Jurisdiction of military courts and agencies 4. Privilege of the writ
of habeas corpus
47. Pardoning Power The pardoning power extends to all offenses,
including criminal contempt (disrespect to or disobedience to a court
which amounts to a crime). It does not give the President the power
to exempt, except from punishment, anyone from the law. Pardon-
Act of grace which exempts individual from punishment which the law
inflicts.
48. Pardoning Power(Sec.19) As to effect: a.)Plenary or b.)Partial
As to presence of condition: a.)Conditional Pardon or b.)Absolute
Pardon
49. Pardoning Power(Sec.19) Amnesty A general pardon to
rebels for their treason or political offence; it so overlooks and
obliterates the offnse with which he is charged. Person released by
amnest stands before the law precisely as though he had committed
no offense.
50. Pardoning Power(Sec.19) Other forms of Executive Clemency:
Reprieve- postponement of the execution of a death sentence to a
certain date. Commutation- reduction of the sentence imposed to a
lesser punishment, as from death to life imprisonment. It may be
granted without the acceptance and even against the will of the
convict. Pardon- act of grace proceeding from the power entrusted
with the execution of the laws which exempts the individual on whom
it is bestowed, from the punishment law inflicts for a crime he has
committed.
51. Pardoning Power(Sec.19) Other forms of Executive Clemency:
Parole release from imprisonment, but without full restoration of
liberty(in custody of law although not in confinement Remission of
fines and forfeiture Prevents the collection of fines and confiscation
of forfeited property; cannot affect rights of third party and money
already in the treasury.
52. Kinds of pardon Absolute Conditional
53. Limitations upon pardoning power 1. It may not be exercised
for offenses in impeachment cases 2. It may be exercised only after
conviction by final judgement 3. It may not be exercised over civil
contempt 4. In case of violation of election law or rules and
regulations, no pardon, parole, or suspension of sentence may be
granted without the recommendation of the Commission on Elections.
54. Effects of Pardon 1. It removes penalties and disabilities and
restores him to his full civil and political rights. 2. It does not
discharge the civil liability of the convict to the individual he has
wronged as the President has no power to pardon a private wrong.
3 It does not restore offices, property, or rights vested in others in
consequence of the conviction.
55. Remission- prevents the collection of fines or the confiscation
of forfeited property. Amnesty- an act of the sovereign power
granting oblivion or a general pardon for a past offense usually
granted in favor of certain classes of persons who have committed
crimes of a political character, such as treason, sedition, or rebellion.
56. Pardon and amnesty distinguished 1. Pardon is grated by the
President alone after conviction, while amnesty with the concurrence
of Congress before or after conviction 2. Pardon is an act of
forgiveness, while amnesty is the act of forgetfulness. 3. Pardon is
grated for infractions of the peace of the State, while amnesty, for
crimes against the sovereignty of the State. 4. Pardon is a private
act of the President which must be pleaded and proved by the person
who claims to have been pardoned, while amnesty by proclamation
of the President with the concurrence of Congress is a public act of
which the courts will take judicial notice.
57. Borrowing Power(Sec. 20) The President may contract or
guarantee foreign loans on behalf of the Republic with the
concurrence of the Monetary Board, subject to such limitations as
may be provided by law. The Monetary board shall submit to the
Congress report on loans within 30 days from the end of every
quarter.
58. Authority to contract and guarantee foreign loans 1. Exclusive
executive function 2. Concurrence of Monetary Board required 3.
Checks by Congress
59. Diplomatic Power(sec.21) No treaty or international agreement
shall be valid and effective unless concurred in by atleast 2/3 of all
the Members of the Senate The power to ratify is vested in the
President, subject to the concurrence of the Senate. Other foreign
affairs powers: a.) power to make treaties b.) the power to appoint
ambassadors, public ministers, and consuls c.) power to receive
ambassadors and other public ministers d.) Deportation Power
60. Treaty- compact made two or more states, including
international organizations of states, intended to create binding rights
and obligations upon the parties thereto.
61. Steps in treaty- making Negotiation Approval or ratification
62. Budgetary Power Within 30 days from the opening of every
regular session, President shall submit to Congress a budget or
expenditures and sources of financing, including receipts from
existing and proposed revenue measure. Congress may not
 increase the appropriation recommended by the President for the
operation of the Government as specified in the budget.
63. Informing Power The President shall address Congress at the
opening of its regular session. He may also appear before it at any
other time. The information may be needed for the basis of
legislation(Cruz) The President usally discharges the informing
power through what is known as the State of the Nation Address
64. Other Powers a.) Call to Congress to a special session b.)
Approve or veto bills c.) Deport Aliens d.) Consent to deputization of
government personnel by COMELEC and discipline them e.)
Exercise emergency(war, law, limited, necessary) and Tariff powers
f.) Power to classify or reclassify lands
ARTICLE 8 JUDICIAL DEPARTMENT

1. Judiciary - (also known as the judicial system or

'court system) is the system of courts that interprets and applies the l
aw in the name of the state. The judiciary also provides a mechanis
m for the resolution of disputes. Under the doctrine of the separation
of powers, the judiciary generally does not make law (that is, in a ple
nary fashion, which is the responsibility of the legislature) or enforce
law (which is the responsibility of the executive), but rather interpret
s law and applies it to the facts of each case. This branch of the stat
e is often tasked with ensuring equal justice under law. It usually con
sists of a court of final appeal (called the "Supreme court or "Constit
utional court"), together with lower courts.
2. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law. Judicial power
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.
3. Adjudicatory Power To settle actual controversies involving rights
To determine whether there has been a grave abuse of discretion to
lack or excess of jurisdiction Judicial Review Interpret the law and
make them binding judgements Constitutionality of the laws
Incidental Power powers essential for the discharge of their judiciary
function
4. Final decision maker Highest court of the land Classes of Courts
Constitutional Court Provided by the constitution One Supreme
Court Statutory Courts Creations of law Legislative Lower
courts Courts below the Supreme Court
5. Regular Court of Appeals Regional Trial Court Metropolitan
Trial Court Municipal Trial Court Municipal Circuit Trial Court
Sharia District Court Special Sandiganbayan Review cases filed
against government officials Court of Tax Appeals Review
appeals on the decisions of the BIR
6. Agencies under the Executive Department performing duties
similar to the Judicial Department Make pronouncements and
judgements on certain issues Commission on Elections National
Labor Relations Commission Securities and Exchange Commission
They render judgements just like the Judicial Department, yet they
form part of the Executive Department
7. The Supreme Court shall have the following powers: 1. Exercise
original jurisdiction over cases affecting ambassadors, other public
 ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
8. Review, revise, reverse, modify, or affirm on appeal or certiorari, as
the law or the Rules of Court may provide, final judgments and orders
of lower courts. 3. 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. 4. Order a change of venue or place of trial to avoid a
miscarriage of justice.
9. 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 under-privileged. 6. Appoint all officials and
employees of the Judiciary in accordance with the Civil Service Law.
10. Settle disputes concerning consuls or diplomats They enjoy
immunity from domestic suits or cases Petition for Certiorari
Special civil action requesting a lower court or body to transmit the
records to the superior court for review Prohibition Writ by which
the superior court prohibits the lower court or body to stop further
proceedings
11. Mandamus Order by a superior court to a lower court to do
perform a certain act which it is bound to do so Quo Warranto
Action by the government to recover an office or franchise from an
individual unlawfully holding it Automatic Review of Cases
sentenced by lower court with Reclusion Perpetua or Death Penalty
12. (1) No person shall be appointed Member of the Supreme
Court or any lower collegiate court unless he is a natural-born citizen
of the Philippines. A Member of the Supreme Court must be at least
forty years of age, and must have been for fifteen years or more, a
judge of a lower court or engaged in the practice of law in the
Philippines.
13. (2) The Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judge thereof unless
he is a citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
14. Natural-born Philippine citizen At least 40 years old At
least 15 years experience of being Judge at the lower court or
engaged in the practice of law Person of proven competence,
integrity, probity and independence For lower court Judges, natural-
born citizenship requirement is not necessary
15. (1) The Members of the Supreme Court and judges of lower
courts shall be appointed by the President from a list of at least three
nominees preferred by the Judicial and Bar Council for every
 vacancy. Such appointments need no confirmation. (2) For the lower
courts, the President shall issued the appointment within ninety days
from the submission of the list.
16. The Members of the Supreme Court and judges of the lower
court shall hold office during good behaviour until they reach the age
of seventy years or become incapacitated to discharge the duties of
their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of
majority of the Members who actually took part in the deliberations on
the issues in the case and voted in thereon.
17. The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in
division of three, five, or seven Members. Any vacancy shall be filled
within ninety days from the occurrence thereof.
18. 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.
19. (3) Cases or matters heard by a division shall be decided or
resolved 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, and in no case without the concurrence of at least
three of such Members. When the required number is not obtained,
the case shall be decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the court sitting
en banc.
20. Composed of 15 Judges Chief Justice Appointed by the
President Hearing Procedure In performance of their job, are they
required to always meet as a single group of 15? Due to the huge
volume of pending cases filed at them En banc Divisions of three
members (5 divisions) Divisions of five members (3 divisions)
Divisions of seven members (2 divisions) - Gravity and importance of
the case - At least three judges agreeing
21. Constitutionality Issues treaty, international law, executive
agreement, laws presidential decrees, proclamations, and orders
Majority of the members of the judiciary who participated in the
hearing If majority votes were not obtained, constitutionality is
upheld 15 members quorum is 8 votes required is only 5
 Administrative proceedings for the dismissal of a judge of a lower
court
22. Cases where majority vote is not obtained at the lower courts
Division with 3 members Majority vote is equals to? 3 votes What
will happen if two judges agreed, the other disagreed? Case will be
decided by en banc Modifying decisions in cases decided in an en
banc session