JUDICIAL DEPARTMENT

Section 1. (1) judicial power vested in the Supreme Court of the Philippines
(2) what is included in the judicial power

When will judicial review be exercised?

• actual case or controversy
• locus standi
• Issue of the constitutionality must be raised at the earliest time
• lis mota- very issue of the case

advisory opinion vs. declaratory relief

How will you know if there is a case ors controversy?

- WON there has been a grave abuse of discretion amounting to lack or abuse of
jurisdiction on the part of any branch or instrumentality of the part of the govt
- Letters of the law

Suppose there is no actual case or controversy, can the Court decide?

No. Exception: transcendental importance.

David v. Arroyo
- There is grave violation of the Consti
- There is an exceptional character of the situation and paramount public is involved
- The constitutional issues raised require formulation of controlling principles
- The case is capable of repetition yet evasive review

Pangilinan v. Cayetano: Pag withdraw n duterte sa is aka treaty

• withdrawal from ICC (international Criminal Court)
• decision: moot and academic because PH already filed withdrawal

Hierarchy of Courts
MTC-MTCC- Sharia Circuit Courts = Mag ka level n sla tanan
RTC mag ka level sa Sharia Courts (Muslim Courts)
CA mag ka level sang Tax Appeals, ka level man sang Sandiganbayan
SC
Heaven na drecho

Can RTC exercise judicial review?

• Yes. By inference? Section 5

Can RTC decide regarding constitutionality of a treaty?

• Yes. Sec 5(2)(a)
Why is judicial review expanded under the 1987 Constitution as compared to the 1973
Constitution?
◦ General rule: cannot decide on political questions
◦ Exception: they added the phrase "grave abuse of discretion" - petition for certiorari
under Rule 65

Is it possible for a political question to become justiciable, what will make it justiciable?
• If the decision or action of the leaders is committed with grave abuse of discretion
JUDICIAL REVIEW MAY ONLY BE LIMITED BY POLITICAL QUESTIONS, SEPARATION OF POWER

Standing - locus standi

Ungka flyover, who has standing?
• taxpayers because it is built with the use of public funds

Road expansion, from Miagao to Calumpang, aside from being a taxpayer, who else can
question the spending?
• passersby who are materially or adversely affected (incurred damages or loss)

When is locus standi relaxed? – When there is transcendental importance

• Bernas page 972
• Oposa v. Factoran
◦ children has locus standi - inter-generational effects
• Kilosbayan v. Guingona
Note: Standing is a procedural requirement

Suppose there is martial law in Luzon, does a resident of Mindanao have legal standing to assail
the validity of martial law in Luzon?
• Yes. "any citizen" can question. Article VII, Section 18 (3)

Can you be a justice of the Supreme Court even though you are not a judge of any of the lower
court?
• Yes. No requirement, as long as you meet the requirements stated in the Section 7(1)

Can a dual citizen be a Justice of the Supreme Court?

• Yes, but they must be natural born citizens
◦ example: mother is Filipino (jus sanguinis), father is American (jus soli).
• If naturalized American, disqualified. Unless denounced citizenship in other country

How many members are there in the SC?

• 15. Section 4 (1)
How many divisions are there?
• 3. Section 4 (1)
How many members per division?
• 5. Section 4 (1)

If the Sc decides the case en banc, how many votes are required?
• majority of the members who took part in the deliberation of the case and voted thereon.
Sec. 4 (3)

When they sit in 5 divisions, composed of 3 members per division, how many votes?
• 3. Section 4 (3)

If they sit in 3 divisions, composed of 5 members per division, how many votes are required?
• Majority of the members who took part in the deliberation of the case and voted thereon.

Case that must be decided by the SC en banc

• Section 4(2)
• discipline lower courts
• constitutionality of treaty, international or executive agreement, or law, and all other cases
under the Rules of Court

What are those provisions in the Constitution that support one Supreme Court doctrine?
•
Supreme Court doctrine
• even tho the SC sits in divisions, it is still considered as one Supreme Court

Can Congress pass a law creating additional RTC?

• Yes. Section 2(1)

Can Congress pass a law reorganizing the courts?

• Yes, but it should not undermine security of tenure. Section 2 (2)

Does Supreme Court have rule-making powers?

• Yes. Rules of Court. Section 5(5)
Difference between rule-making and judicial legislation
• judicial legislation - prohibited
• rule-making - allowed

Protection and enforcement of constitutional rights

• rules on the writ of Amparo
◦ right to life, liberty and security
‣ ex. military agent surveillance
◦ more effective than habeas corpus
‣ denial of having the body is sufficient
◦ you cannot simply deny. denial of having the body is NOT sufficient, you have to prove
• rules on the writ of habeas data
• rules on environmental cases

Treaty between PH and Spain, all lawyers in Spain can practice law in the PH, President
approved, Senate concurred, is the treaty valid?
• No, violates Section 5(5)

JUDICIAL DEPARTMENT Part 2

November 18, 2022

Facial challenge
• as differentiated with judicial review,
• questioning a certain law basing on the letters or the face of the law

What requisite that does not need to be complied with in facial challenge?
• actual case or controversy

Facial challenge, based on 2 grounds, overbreadth doctrine and void for vagueness
• invoked only in speech and expression cases

‣ lis mota
• must center on speech and expression

Explain the concept of facial challenge and why is it relevant in the dicussion
of judicial review

• Can facial challenge be used even outside freedom of expression and speech?
• Yes, as long as the ground is not overbreadth and void for vagueness
‣ Imbong v. Ochoa

David v. Arroyo
• overbreadth doctrine was used
• is the challenge valid?
• President issued 1017, can it be facially challenged or not?
• research

1. Explain what is void for vagueness doctrine and its relationship to the concept of facial
challenge
2. Strict scrutiny doctrine, void for vagueness and overbreadth doctrine, what is their relation to
facial challenge?

Earliest possible opportunity - requirement

lis mota
SC has its own appellate jurisdiction in Section 5(2) - review, revise, reverse
Other powers - temporary assignment of judges, change of venue

What is venue, as far as the power of the court is concerned? What is the distinction of venue
from jurisdiction?
• venue is the place where the case is to be conducted, jurisdiction is the authority of the court
to decide cases

What are the limitations on the rule-making powers of the Supreme Court?
• Section 5(5)
• shall be uniform for all courts of the same grade
• shall not diminish, increase, or modify substantive rights

Does the SC have the power to supervise all activities of the IBP? Why or why not?
• Yes. Section 6

Javellana v. DILG, is the contention correct?

• No, it simply refers to guidelines for lawyers who are employed in the DILG, so it does not
supersede or supplant in any way the SC as far as the regulation in the practice of law

The Sc has a power to declare the law unconstitutional under the judicial review, if a law is
declared unconstitutional, what is the effect? What is the consequence?
• The moment it is declared unconstitutional, it is void ab initio. However, those acts done in
good faith before the law is declared as unconstitutional, those acts are to be respected.
Operative fact doctrine
• If done in bad faith, person will be held liable

Writ of habeas data

• Marynette Gamboa v. Marlou Chan

Writ of Kalikasan under the rules on environmental cases

• applicable as far as those cases that affect environment

POWER OF ADMINISTRATIVE SUPERVISION

A complaint was filed before the Office of the Ombudsman against RTC Judge Mabilis for graft
and corruption, can Judge Mabilis file a motion to dismiss the complaint on the ground that it is
the SC which has jurisdiction over the complaint?
• Section 6, Article VIII
• file before the SC first, if criminal case, SC is to direct to file before the Ombudsman

Can the Office of the Ombudsman order the dismissal of the CA Justice?
• No. Section 6, only Sc has administrative jurisdiction over all courts and personnel
Can Sc order the dismissal of judges of lower courts?
• Yes

Requisites
• compliance with due process

Maceda v. Vasquez, read on your own

In admin cases, involving judges of lower courts, is it required to be heard by the en banc all
the time?
Yes. A.M. No. 10-4-20-SC. Internal Rules of the Supreme Court
Is there a period of prescription for filing an administrative case against a judge or justice?
 Rule VIII, Section 1 of the Rules of Procedure of the CBD-IBP 

INCOMPATIBLE OFFICE
The Executive Judge of the RTC of Iloilo City was appointed as a member of the Provincial
Committee on Justice. The function of the committee is simply advisory and not administrative.
IT is simply to advise the governor on policies and initiatives in order to help expedite the
administration of justice and to decongest the provincial jails. Is the appointment valid?
• No. Section 12. In Re Manzano

CONSULTATION (Section 13) /LEGAL BASIS FOR DECISION (Section 14)

The requirement is mandatory for the SC and other lower collegial courts but does not apply in
administrative cases. Prudential Bank v. Castro

What are the lower collegiate courts?

• CA
• Court of Tax Appeals
• Sandiganbayan

In order for the courts to validly decide a case, what will they state?
• Section 14
• The decision must state clearly and distinctly the facts and the law on which it is based.
• facts - factual basis
• law - legal basis
Factual basis vs. Legal basis

In the case of NICOS Industrial Corporation v. CA, the case was remanded by the SC to the RTC.
Why?
•
Are memorandum decisions valid?
MOTION FOR RECONSIDERATION
The denial or refusal of a petition for review or MR must state the legal basis for such. Section
14(2)
"Evidently, the motion poses nothing new. The points and arguments raised by the movants
have been considered and passed upon in the decision sought to be reconsidered. Thus, we
find no reason to disturb the same." Is the denial valid?
• Yes. It is enough. Finding no argument is a valid denial of the MR.

Dizon v. Judge Lopez, the Judge was able to promulgate the decision within 3 months from the
date the case is submitted for decision, how come the judge was still sanctioned by the SC?

How do you know that the case is already submitted for decision?
• The filing of the last pleading

If the judge failed to decide the case within the required period, will it constitute dereliction of
duty?
• sanctioned for disciplinary action
• fine or suspension

Will it result to the court losing jurisdiction over the case?

• NO
Will the same judge decide the case?
• Yes
Within what time should an RTC judge decide a case?
• Section 15 (1)
• 3 months from the date submitted for decision or resolution

Section 15(1)
SC – 24 months
Collegiate courts – 12 months
All other lower courts – 3 months

If the 3 months is about to expire, what will a judge do?

• Ask for extension of time

When is the decision considered promulgated?

• When it is entered in the Book of Decision of the clerk of court/ official entry
• Promulgation - Official announcement of decision

JBC
Suppose you already passed the bar and practiced law for 10 yrs, are you qualified to become
an RTC judge?
  Yes. Section 7(1)

What will you do in order to be appointed?

• Apply, interview by JBC

How many members are there in the JBC?

•7

Of the 7, how many are ex-officio?

• 3, Sec of Justice, Rep of Congress, Chief Justice

4 regular members, do they have to be confirmed by the Commission on Appointments?

• Yes. Section 8(2)

Within what time will the vacancy in RTC shall be filled up?
• 90 days from the submission of the list to the President. Section 9(2)

SC?
• 90 days from the occurrence of vacancy. Section 4(1)

Multiple vacancies in RTC, can the President appoint to a different branch from a different list
of nominees for another branch?
• Yes if the same RTC
• If not, will result to grave abuse of discretion.