[FEBRUARY 3 LECTURE 2]

ORGANIZATION OF THE JUDICIARY UNDERY 1986 CONSTITUTION

Supreme Court
 Seniority within SC – time of appointment
o Should replace impeached/ removed chief justice
o E.g. CJ – Bersamin – senior within Judiciary
 Current Justices of the SC:
o CJ Lucas Bersamin o Justice Alfredo Caguioa, Jr.
o Justice Antonio Carpio o Justice Andres Reyes, Jr.
o Justice Diosdado Peralta o Justice Alexander Gesmundo
o Justice Mariano Del Castilllo o Justice Jose Reyes, Jr.
o Justice Estela Perlas-Bernabe o Justice Ramon Hemando
o Justice Marvic Leonen o Justice Romari Carandang
o Justice Francis Jardeleza

 Qualifications:
o Practice law in the Philippines for at least 15 years (as a lawyer or in the practice)
o Members of Integrated Bar of the Philippines (IBP)  lawyer
 Created to regulate the legal profession, to assist the Supreme court
o Natural-born Filipino Citizen – either parent is Filipino
 Jus sanguinis – by blood
 Jus soli – where you were born
 If born outside of country- dual citizen
o At least 40-years old
o Proven competences, integrity, probity & interdependence

[FEBRUARY 9 LECTURE 3]

Qualifications
 Natural-born Filipino Citizens
 Case of Justice Ong  his “naturalized-born” state as a citizen was questioned
o Thus JBC  recommended to the President a list of nominees for a justice
position; they tightened the requirements
 The following are citizens of the Philippines
o ARTICLE IV
 The following are citizens of the Philippines:
 [1] Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
 [2] Those whose fathers or mothers are citizens of the Philippines;
 [3] Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority; and
 [4] Those who are naturalized in accordance with law.
  Natural-born citizens:
 those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine
citizenship.
 Practice Law in the Philippines for at least 15 years
 Preference for Judicial (63.8%) nature of work prior to nomination in PH SC (1988-2008)
 What is the definition on the practice of law?  Cayetano vs. Monsod
o Issue: Cayetano states Monsod is not qualified for Comelec Chairman
o Facts: Monsod as not qualified to be Comelec Chairman because he does not
engage in trial
o Monsod is a Professor of Law, and a practicing lawyer
o Ration: Practice in law does not mean you engage in trial practice, what is
important is you are engaged in a practice which requires you are a lawyer
before you engage in the practice
 Case should not be taken as a precedent
 In the absence of any case regarding problems on the practice of law,
Cayetano vs. Monsod shall be referenced
o Held: petition dismissed

Notary: shows that documents are made public; proof of authentication

 Proven competences, integrity, probity & independence

o Prove to the JBC
 competence through JBC review
 Submit grades, accomplishment
 Proving: cases, books written, decisions,
 Integrity
 Papers: NBI, SALN, FBI clearance, passport, birth certificate
 Clear from any cases
 Probity
 Decisions made
 Independence
 Affiliations, interviews,
 Past records, experiences
o JBC will come up with a list of at least three nominees
 JB (5 JB members and one from congress)  nominees usually reach 5-7
 Problem: which member from congress? Senate or Congress?  they
submit 2
o Bring it to the office of the President to pick
 Can the President reject the nominees?  yes, it’s the discretion of the
JBC (but if they answer to the whims of the president, it shows they are
dependentg)

Equation for Creating SC Decisions

(MF X MR ) X (MS X JP) = D

Ex. Chief Justices Serrano’s Quo Warranto

 MF: Material facts  facts surrounding the case; rigid (cannot change it, only prove it)
o Matter of evidence
o Objective factors
o Ex. CJ did not submit her SALN; her qualifications
 MR: Material rules  the legal basis
o Ex. Quo Warranto, qualifications of justices, SALN rules
 MS: Meta-legal stimuli  factors outside the facts that affect you as a decision-maker
o Subjective factors
o Ex. News, peers, groups,
 JP: Juridical Personality
 Decision

[February 16, 2019] Lecture 4

COMPENSATION

 PERFECTO V MEER (1935 Constitution)

o Facts
 April 1947: Collector of Internal Revenue required Mr. Justice Gregorio
Perfecto to pay income tax for his salary of being a member of the court
during 1946
 Justice Perfecto paid the P802.00 but contested in court that the collection
of tax was illegal because it is a violation of the constitution
 Article VIII, Section 9 of 1935 Constitution provides that “shall receive
such compensation as may fixed by law, which shall not be diminished
during their continuance in office”
 It also provided that ‘until Congress shall provide otherwise, the Chief
Justice of Supreme Court shall receive an annual compensation of 16,000”
o Issue
 Whether or not the imposition of an income tax upon the salary of Justice
Perfecto in 1946 amounts to a dimution
o Ruling
 Yes. The imposition of an income tax upon the salary if Justice Perfecto in
1946 amounts to a diminution  Judges are exempted
 Unless and until our legislative approves an amendment to the income tact
law expressly taking “the salaries of judges thereafter appointed”
  When the Income tax was applied in the Philippines in 1913, the taxable
income did not include salaries of judicial offiers when these are protected
by diminution
 PH constitutional convention approved the prohibition against dimunition

 ENDENCIA V. DAVID (1935 Constitution)

o Facts
 August 31, 1953
 Endencia’s and Justice Fernando Jugo’s salary pursuant to Sec 13 of RA
590 which provides that:
 SEC. 13. No salary wherever received by any public officer of the
Republic of the Philippines shall be considered as exempt from the income
tax, payment of which is hereby declared not to be a diminution of his
compensation fixed by the Constitution or by law.
 According to the brief of the Solicitor General on behalf of appellant
Collector of Internal Revenue, the decision in the case of Perfecto vs.
Meer, supra, was not received favourably by Congress, because
immediately after its promulgation, Congress enacted Republic Act
No.590. To bring home his point, the Solicitor General reproduces what he
considers the pertinent discussion in the Lower House of House Bill No.
1127 which became Republic Act No. 590
o Issue
 Whether or not the imposition of an income tax upon the salaries of
Justice Endencia and Justice Jugo and other members of the Supreme
Court and all judges of inferior courts amount to a diminution.
 Whether or not Section 13 of Republic Act No. 590 constitutional.
o Held
 No  judges are not exempted
 Hence, court affirms judgment as in Perfecto vs. Meer on the issue of
imposing income tax on judges’ salaries.

 NITAFAN V. CIR (1987 Constitution)

o Facts
 July 23, 1987
 Petitioners: RTC (NCR) Judges: Natifan, Savellano Jr.
 petitioners seek to prohibit and/or perpetually enjoin respondents
from making any deduction of withholding taxes from their
salaries
 Respondents: CIR & Financial Officer of the SC
o Issue
 Whether or not the members of the judiciary are exempted from income
taxation
 1987 constitution Art 8, Sec 10
 “The salary of the Chief justice and of the Associate Justices of the
Supremem Court, and of judges of lower courts shall be fixed by
 law. During their continuance in office, their salary shall not be
decreased”
 Held: petition dismissed  Judicial members are not exempted from
income tax
o Ration
 Referred to the deliberation of the 1986 constitutional commission
relevant to Sec. 10 Art. 8  intent of the framers

o Government inherited in the creation of 1987 constitution

 Taxes are the lifeblood of the government  judicial should not be
exempted
o If the constitution provision is unclear
 Go back to interpretation (how it is written)
 Go to the and read intent of the framers (those who wrote the
constitution)
 Go back to the intent but use context of the present time
TENURE
 De La Llana vs. Alba (1973 Constitution)
o Facts
 1982
 BP 129: “An act reorganizing the judiciary, appropriating funds thereofor
and other purposes”
 Judge De La Llana will be affected  he will be removed
 Tenure of judges
o Issue
 Whether or not BP 129 is unconstitutional
o Rationing
 Petitioners have legal standing as taxpayers
 Cabinet Bill#42 was the basis of BP129 […]

Security of Tenure (1987 constitution)

 Tenure
o ARTICLE VIII SECTION 11.”:
The Members of the Supreme Court and judges of lower courts shall hold office
during good behavior 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 a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon”
 40 years-old  70-years old
 Bad behavior  Impeachable offenses
 Culpable violation of the constitution, corruption, treason,
bribery, graft, high crimes, or betrayal of public trust
 o Commission of high crimes: offenses which have effect on
public and national interest and security (Staffa)
 Process of impeachment (study)
o File in HOR (power to initiate complaints) 
 No fixed terms
 Vote of the Majority of Supreme court  separate
 Joint voting  Martial Law
 Separate  In times of war
 Incapacitation
 Physical or mental incapacitation
 Who will decide?

[FEBRUARY 23, 2019] [LECTURE 4]

Procedure of Impeachment (Article XI: Accountability of Pubic Officers)

 Can be filed by anyone through affidavit of complaint
 Section 3: Impeachment process
o (1) The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.
o (2): Impeachment may be filed by any Member of the House of Representatives
or by any citizen upon a resolution or endorsement by any Member which shall
be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members, shall submit its report to the
House within sixty session days from such referral, together with the
corresponding resolution. The resolution shall be calendared for consideration
by the House within ten session days from receipt thereof.
o (3) Vote of 13 of all Members of house to favor or override resolution
o (4) After impeachment is filed by 1/3 of all Members of House  Senate shall
try the case
o (5) The impeachment proceedings shall be imitated against the same official
more than once within a period of one year
o (6) Senate has power to decide & impeach  conviction need 2/3 of all
members of the Senate
 President impeachment: Chief Justice of SC shall preside but shall not
vote
o (7) Judgment in cases of impeachment shall not extend further than removal
from office and disqualification to hold any office under the Republic of the
Philippines, but the party convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment, according to law
o (8) The Congress shall promulgate its rules on impeachment to effectively carry
out the purpose of this section.
  Impeachable offenses:
o Culpable violation of the constitution, corruption, treason, bribery, graft, high
crimes, or betrayal of public trust
 Prohibition for Impeachment:  in order for officials to not be harassed
o No impeachment proceedings shall be initiated against the same official more
than once within a period of one year.
o Periods: actual receipt, or rejection of committee, plenary does not reach 1/3
vote
o Issue: which period shall be used?
o Case: Chief Justice Davide
 File complained regarding Judiciary Discretionary Fund
(Presidental decree 149 by Marcos)
 Marcos also removed courts under the provision of DOJ
secretaries
 Judiciary manages the fund which comes from internal earnings
(from filling fees, penalties, postponement fee)
 30% for infrastructure, 70% personal use
 JDF not being used by the allotted proportion (employees are not
receiving enough compensations)
 Case filed against Davide :
 (1) for participating in oath taking of Gloria-Macapagal Arroyo
 (2) mishandling the fund of JBL
 Issue: within the one-year period, but it was within one year of initiation
 Interpretation
 Time for voting of plenary
 Time from voting of the committee
 Time from initiation of the complaint reaching sec-gen
 Ruling: ruling filled, justices were in support of Davide
o Case: Chief Justice Corona
 Issue:
 Rule: Political question, justices did not medle
o Case: Chief Justice Sereño
 Supreme Court itself removed it Chief Justice

Manner of Seating of Supreme Court Justices (Article VIII Section 4)

 “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.” (Art. VII Sec. 4)
o En banc
o Divisions of three, five, seven
 Three  five
 Five  three
 Seven  two
 o Sitting: decided by the vote of the Supreme Court En banc
o Now: three divisions  seating in divisions of five members each
 Seating can be change
 Reason: efficiently (voting needs 3 votes)
 Cannot change cases that need sitting en banc
 Cases heard en banc v. majority in SC
o “(2) 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  simple majority of the Senate
 50% + 1
 Majority of the present members provided there is a quorum (8)
 Treaty v. executive
 Treaty  ratified or approved by senate
 Executive  valid even without ratification of the senate
 Cases automatically tried en banc
 Protest regarding presidential elections (SC as Presidential
Electoral Tribunal)
 Extension of Martial Law
 Cases of reclusion perpetual, death penalty
 Dismissal of judges & court employees
 Powers of en banc
 Overturn decisions of the a division
 Cases tried by the division
 Cases filed can be
 How to prove a law is unconstitutional?
o Go to the contents of a constitution and go back to the law
o SC must vote en banc
 Decisions for SC

o Time: 24 months from submission

 COA: 12 months
 Lower courts: 3 months
o Always be written (English or Filipino language

Importance of learning Jurisdiction

 Jurisdiction: power of courts to try and decide cases
o SC: Jurisdiction from the constitution
 o Lower courts: jurisdiction from legislature
 Jurisdiction given by
o Constitutional and legal mandate
 Jurisdiction means what cases can fall in what courts

Quiz answers
 Issues: substantiality and formality
 Votes to transfer to plenary: majority
 Votes needed to impeach: 1/3 vote
 Body which impeaches: House of Representatives
 Body which presides: Senate
 Person which presides: Justices or Senate president
 Votes for removal: 1/3 votes
 Prohibited: initiating a complaint

LOWER COURTS
 Qualifications for Lower Courts
o COA, Court of Tax Appeals same qualifications as the supreme court (BP129
Chapter 7)
o Subtracting five years for other courts
 30 years of age
 5 years of legal experience (arbitrary reasoning to decide on minor cases)
o Citizen of the Philippines
 Not necessarily natural-born citizens
 Section 7. (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.
 1987 Constitution: lower court  citizen only, not necessarily
natural-born citizen
 BP129: lower court needs only to be citizen not necessarily
naturalised
o Proven competence, independence, integreity, probity
 Appointment
o JBC  approved by the president
 Removing Lower Court officials not part of the Supreme Court
o File a complaint before the Supreme Court
o Office of Court Administrations
o Final say: Supreme Court en banc
 Administrative supervision
o Supreme Court has administrative supervision over all lower courts
Quasi-Judicial agencies
 Executive or legislative offices enjoying judicial function
 Adjucate cases pursuant of the mandate of the constitution
 Regulatory bodies
 Examples
o Created by constitutional commission
 Civil Service Commission
 Commission on Elections (COMELEC)
 Commission on Audit
o Created by Statute
 National Labor Relations Commission
 Land Registration Authority
 Social Security Commission
 Office of the President
 Civil Aeronautics Board
 Central Board of Assessment Appeals
 Bureau of Patents
 Trademark and Technology Transfer
 National Electrification Administration
 Energy Regulatory Reform
 National Telecom Commission
 Department of Agrarian Reform
 Government Service Insurance System
 Employees Compensation Commission
 Agricultural Inventions Board
 Insurance Commission
 Philippine Atomic Energy Commission
 Board of Investments
 Construction Industry Arbitration Commission