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Judiciary
Judiciary
JUDICIAL DEPARTMENT
Sec. 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may
be established by law.
Held: No. Thus, when Congress passed the first paragraph of Section
14, RA 6770 and, in so doing, took away from the courts their power to
issue a TRO and/or WPI to enjoin an investigation conducted by the
Ombudsman, it encroached upon this Court's constitutional rule-making
authority. Clearly, these issuances, which are, by nature, provisional
reliefs and auxiliary writs created under the provisions of the Rules of
Court, are matters of procedure which belong exclusively within the
province of this Court.
1. Can the RTC declare a law unconstitutional? [Planters
– 2008]
2. Can the Court of Tax Appeals? [British Tobacco -
2008
3. Can the Ombudsman? [Estarija – 2006)
2004, 10: In case there is an irreconciliable conflict
between a provision of the treaty and a provision of
the Constitution, in a jurisdiction and legal system like
ours, which should prevail: the provision of the treaty
or of the Constitution. Why? Explain with reasons.
2003, No. 16: Treaty v. Statute.
II. Administrative Powers
1. Temporary assignment of judges[not more than
six months without his consent]
2. Change of venue
3. Promulgate rules of court [Cases/questions]
4. Appoint its officials
5. Administrative supervision of courts and
personnel
1. Can a treaty amend the Rules of Court?
Tanada v. Angara/Nicolas v. Romulo, 578 SCRA
438 (2009)
In re:Garcia/Bar 1987,9: The Philippines entered into
a Treaty of Friendship with Indonesia providing that the nationals of
each contracting State admitted to the practice of law in said State,
to practice law without taking the bar examinations in the other
contracting State.
2018, XI: Under Section 6 of Article V (on Criminal Jurisdiction) of the
Visiting Forces Agreement (VFA), the custody of a United States (US)
personnel who becomes subject to criminal prosecution before a Philippine
court shall be with the US military authorities, if the latter so requests. The
custody shall begin from the commission of the offense until the completion
of all judicial proceedings. However, when requested, the US military
authorities shall make the US personnel available to Philippine authorities for
any investigative or judicial proceeding relating to the offense with which the
person has been charged. In the event that the Philippine judicial
proceedings are not completed within one year, the US shall be relieved of
any obligation under Section 6.
The constitutionality of Section 6, Article V of the VFA is challenged on two
grounds: (1) it nullifies the exclusive power of the Supreme Court to adopt
rules of procedure for all courts in the Philippines; and (2) it violates the
equal protection clause to the extent that it allows the transfer of the
custody of an accused to a foreign power as providing a different rule of
procedure for that accused.
Rule on the challenge. (5%)
2. 2. Can Congress amend the Rules of Court
Gordon Case -
Tan – bark, grass, shrub
Romualdez v. COMELEC, 573 SCRA 639 (2008): Sec. 45,
RA 9189: The following shall be considered election
offenses under this Act.
A. Administrative - NO JURISDICTION
B. Criminal
1. Act relates to his administrative duties –
Supreme Court
2. Act does not relate – OMB can proceed
independently