Name: Dela Cruz, Mary Julieanne D.R.

Section: JD-1D
Constitutional Law 01 | Quiz –Bar Exam Question
Case: People of the Philippines vs. Gacott
Question:
Judge Estrella was being sanctioned by the Third Division of the Supreme Court after he had
granted a motion to quash in a criminal case. He pleads that he only decided due to the
negligence and incompetence of the prosecutor assigned to the case and he admits to gross
ignorance of the law put into question. He further argues that the Third Division of the Supreme
Court was without authority to decide and review administrative and disciplinary cases against
lower court judges, assailing that it must be decided by the Court en banc. Is Estrella correct in
his argument?
Answer:
NO. The Supreme Court possesses the power to discipline judges of lower courts, as encased in
the first clause of Section 11 of Article VIII of the Constitution. However, this power is only
exercised in an action by the Court en banc where the penalty to be imposed is the dismissal of a
judge, officer or employee of the Judiciary, disbarment if a lawyer, or either the suspension of
any of them for a period of more than one (1) year or a fine exceeding Ten Thousand Pesos
(Php10,000.00) or both. As this is an administrative disciplinary action that requires no penalty
aforementioned, the disciplinary action may be decided by divisions of the Court.