 1ST PREROGATIVE- Section 1 art 8.

The judicial power shall be vested in one Supreme Court and

in such lower courts as maybe 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
 2ND PREROGATIVE- (2) 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 in: (a) All
cases in which the constitutionality or validity of any treaty, international or executive
agreements, law, presidential decree, proclamation, order, instruction, ordinance, or regulation
is in question. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in
issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or death. (e) All
cases in which only an error or question of law is involved
 3RD PREROGATIVE- sec (1) art 8 ...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, by the end of the fiscal year, the congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, what happens? - the general appropriations law
for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect
until the general appropriations bill is passed by the congress. Basis: Article 6, Sec. 25(7)
 what happens to a member of Congress who has a case for an offense punishable by more than
6 years of imprisonment while golfing in Baguio? Will he be arrested? – YES he may be arrested
while Congress is still in session in Quezon City- section 11. A Senator or Member of the House
of Representatives shall, in all offenses punishable by not more than six years of imprisonment,
be privileged from arrest while the congress is in session.
 Immunity from suit. – there is no provision in the 1987 Constitution Absence of provision:
According to Bernas, this is because it is already understood that under Philippine jurisprudence,
he may not be sued during his tenure. This assertion of Bernas can be traced to a yr 1910 case •
Soliven v. Judge Makasiar, 167 SCRA 393 (1988). - Filed by Corazon Aquino -Commentator, late
Beltran, said that during one of the coups, where there are jets passing the Malacanang, he
commented that Cory Aquino hid under her bed during this time– this commentary did not sit
well with Cory, therefore, she sued Beltran & Soliven, then the editor-in-chief and publisher of
Philippine Star. he privilege of immunity frim suit may be invoked only by the president himself
and not by the accused in a criminal case where the president is complainant as in this case. C.A.
dismissed the case filed by Corazon Aquino
 In appropriation, revenue or tariff bill, the president may exercise item-veto. o Any provision
or condition in an appropriation bill, which in the judgment of the President, violates the
constitution maybe vetoed separately from the entire bill without need to veto the
appropriation to which they are attached. o An item which can be the subject of a separate
veto must be distinct and severable part of a bill.
 Honasan appointment to DICT- Section 13. No Senator or Member of the House of
Representatives may hold any other office or employment in the government, or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
 corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created nor the emoluments thereof increased
during the term for which he was elected.
 "Unless otherwise provided for in this constitution" Refers to: (Exception of the provisions of Sec
13 banning the VP, members of the cabinet and their deputies to hold any other office or
employment during their tenure).
 "Unless otherwise provided for in this constitution" refers to the vice-president who
maybe appointed to the cabinet (Sec. 3, Art. VII) and the Secretary of Justice who is an ex
officio member of the judicial and bar council (Sec. 8 (1), Art. VIII).
 Arturo M. De Castro v. JBC and PGMA, GR No. 191002, 615 SCRA 666-discuss Article 8, Section 4.
And whether the president can make the appointment. And whether the president can make
the appointment in violation of the constitution or not;
 Can pres, suspend the privilege of the writ of habeas corpus during martial law? -A state of
martial law does not suspend the operation of the Constitution, nor supplant the functioning of
the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction of military
courts and agencies over civilians where civil courts are able to function, nor automatically
suspend the privilege of the writ= art 7 sec 18 par 5
 What is a political question? Political questions are those whose questions which under the
constitution are to be decided by the people in their sovereign capacity or in regard to which,
full discretionary authority is being delegated to the legislative or executive branch of the
government. The expanded definition of judicial power in section 1 does not do away with the
political questions doctrine at most. It is a proof of the Marcos Supreme Court shying away from
reviewing abuse of discretion by the chief executive and using the political questions doctrine as
an excuse.
 Cases to be heard en banc: 1. All cases involving the constitutionality of a treaty, international or
executive agreement 2. All cases which under the rules of court may be required to be hear en
banc 3. All cases involving the constitutionality, application or operation of presidential
decrees… etc. 4. Cases heard by division when the required majority in the division is not
obtained 5. Cases where the SC modifies or reverses a doctrine previously laid down either en
banc or in a division 6. Administrative cases involving the discipline or dismissal of judges of
lower courts 7. Election contests for Presidents or VP under sec 4 Art 7
 Requisites for the exercise of judicial review. 1. Actual case calling for the exercise of judicial
review 2. Constitutional question must be ripe for adjudication 3. Party must be have the
requisite standing to challenge the act, what we call “locus standing” as when he has the
personal and substantial interest in the case such that he sustained or will sustain injury as a
result of its enforcement 4. The case must be raised at the earliest opportunity 5. The issue of
constitutionality is unavailable