1.
Enumerate the provision that safeguard the independence of the
Judiciary
a. SC: a constitutional body. It may not be abolished by the
legislature.
b. Members of the SC: removable only by impeachment.
c. SC may not be deprived of its minimum original jurisdiction;
appellate jurisdiction may not be increased without its
advice or concurrence.
d. SC has administrative supervision over all inferior courts
and personnel
e. With exclusive power to discipline judges/justices of inferior
courts
f. Have security of tenure
g. Members of Judiciary: may not be designated to any agency
performing quasi-judicial or admin. Functions
h. Salaries: may not be reduced; SC enjoys fiscal autonomy
2. Judicial Power
● Duty of the court to settle actual controversies; &
● Determine whether or not there has been grave
abuse of discretion amounting to lack or in excess
of jurisdiction on the part of any branch or
instrumentality of the government.
3. Where is Judicial Power vested
● Supreme Court; &
● Lower courts as may be established by law
4. Relationship of Jurisdiction with Judicial Power
Congress shall have the power to define, prescribe and apportion the
jurisdiction of the various courts, but may not deprive the SC of its
jurisdiction over cases enumerated in Sec. 5 Art. VIII (sec. 2 Art. VIII)
Jurisdiction is the power to hear and decide a case. Judicial power is
the duty of 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.
If the courts do not have jurisdiction, it cannot exercise judicial power.
5. In Re: Clarifying and Strengthening the Organizational Structure and
Administrative Set-up of the Phils. Judicial Academy
a. What is the action of the DBM here which according to the
SC already encroached upon its fiscal autonomy?
In downgrading the positions and salary grades of two
positions in the PHILJA the DbM overstepped its authority
and encroached upon the fiscal autonomy of the SC and its
power of supervision over court personnel.
b. What constitutes fiscal autonomy
Fiscal autonomy as enjoyed by the judiciary is the
guarantee of full flexibility to allocate and utilize their
resources with 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.
6. Re: COA opinion on the computation of the value of properties
purchased by the retired Chief/Associate Justice of the SC
a. What is the action of the COA in this case that the SC
interpreted as an improper check on a judicial branch of
government

To allow the COA to substitute the Court’s policy in the
disposal of its property would be tantamount to encroachment into
this judicial prerogative.
7. In the Matter of: Save the SC Judicial Independence and Fiscal
Autonomy Movement vs. Abolition of Judiciary Development Fund
and Reduction of Fiscal Autonomy
a. What does the petitioner seek in his petition?
praying for the issuance of a writ of mandamus in order to
compel the court to exercise its judicial independence and
fiscal autonomy against the perceived hostility of congress -
does not comply with the requisites of judicial review.
b. How did the Court rule on his petition?
no actual case or controversy - petitioner has no legal
standing
8. If you request from the SC copies of the SALNs and Personal Data
Sheets of the justices of the SC, CA and CTA, will the SC give you?
Yes. provided it is shown that their motives are sound and sincere.
How will the Court react to your request?
The court takes pride in its indubitable track record of ensuring public
accountability through transparency under the rule of law.
What if the one making the request is the Commissioner of the BIR
for tax assessment purposes?
The court will deny the request. The power of the CIR to obtain
information is limited only to acquiring documents used in connection
with the filing of a return or those used in the ordinary course of
business to enable the CIR to arrive at an assessment. Without
prima facie showing of fraud, the SALNs of members of the judiciary
are not covered.
9. Is Dean ____ qualified to be appointed Justice of the SC?
● Yes
10. Can one be qualified for the position of the justice of the SC even
though he is not a judge of the lower court?
yes, as long as he is engaged in the practice of law for 15 years
11. Discuss the procedure for appointment in the SC or CA.
● Application for Appointment
● JBC: to nominate 3
● President: to appoint from the 3 nominees without
the need of CA confirmation
12. How many possible divisions can there be in the SC?
Division of 3, 5 and 7.
13. When the SC sits in divisions, does it violate the “one Supreme
Court” doctrine?
No, since a decision of a division is still consider a decision of the
supreme court
14. The SC is one, single collegial body and indivisible. This Doctrine is
strengthened by the following provisions:
a. When the court sits in divisions, and the required number of
votes are not obtained, the case shall be decided en banc
b. Judgments must be reached in consultation
 c. No doctrine of principle of law laid down by the court in a
decision rendered en banc or in division maybe modified or
reversed except by the court sitting en banc
15. What is the required number of votes to decide a case en banc?
majority vote
How about a division of five members? Or three members?
for five - 3 who actually took part in the deliberation
three - unanimous (3)
If cases are heard en banc, is there a possibility of shifting majority?
yes, in cases of tie (depends on how many justices present, ex if 15
members are present, at least 8 etc.)
If there are only 8 members, is it an en banc? Yes, because
Give the cases that must be heard en banc.
a. all cases involving the constitutionality of a treaty,
international or executive agreement, or law; and
b. all other cases which, under the Rules of court, are to
be heard en banc, including those involving the
constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions,
ordinances and other regulations.
c. Cases or matters heard by division where the required
number of votes are not met
d. To modify or reverse a doctrine or principle of law laid
down by the court in a decision rendered en banc or in
division
e. Administrative disciplinary cases involving judges of
lower courts
f. Actions instituted by citizens to test the validity of the
proclamation of martial law or suspension of the
privilege of the writ of HC.
*Uninamity rule in the JBC
Judicial Review vs Judicial power
Jurisdiction of the RTC over treaties
Political question
Vinuya vs exec sec(nachura)
Are Impeachment proc are subject to jud rev? Yes, but over
justiciable issues
Are proceedings of the electoral tribunal subject to judicial review?
How about the process of amending the constitution through initiative
and referendum? Lambino vs COMELEC, Santiago vs
PACU case
Exception to moot and academic principle
What is locus standi
Any citizen can file a case questioning the the validity of Martial law
as expressly provided by the Constitution.
Facial Challenge- is a kind off manner of questioning the
constitutionality of the action of the government without complying
with the actual case or controversy. The law or the EO is challenged
in its face.
Judicial review vs facial challenge
Discuss the limitation of the rule making power of the supreme court
Javellana vs DILG
Office of the Ombudsman vs Sandiganbayan
Maceda vs Vasquez
In Re: Manzano
How will you know the case is already submitted for decision