Political questions:

A class of case which the court generally refuses to touch A limitation on the power of judicial review Tanada v Cuenco: those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government Baker v Carr: how to determine whether a question is political or not: 1. Textual kind: there is found a textually demonstrable commitment of the issue to a political department
Examples: Selection of a senate minority leader (Santiago v Guingona) Matter of disciplinary power of the legislature over its own members Interpretation of the word disorderly behavior Compelling a president to perform a discretionary act Whether a president should continue as PM & President even after re org of BP Where the HorRep was said to have disregarded its own rule Matters involving foreign relations traditionally placed in the hands of the executive; recognition of diplomatic immunity (except in the commission of a crime in the name of official duty)

Justiciable: to determine the validity of the manner of proposing amendments the SC proceeded to uphold the power of the president 2. Functional type: a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion 3. Prudential type: impossibility of the courts undertaking independent resolution w/out expressing lack of the respect due coordinate branches of government; an unusual need for unquestioning adherence to a political decision already made; potentiality of embarrassment from multifarious pronouncements by various departments on one question 3 Significant transitions in Phil pol history: 1) Javellana v Executive Secretary - there is no further judicial obstacle to the new Constitution being considered in force & effect 2) 1986: Marcos end Cory Aquino president: no judicially discoverable standard can be found in the constitution to justify the defiance of the 1973 constitution 3) 2001: Arroyo took over from Erap the SC upheld the legitimacy of Arroyo but none of the conflicting justifications given by the justices commanded a majority

Effect of declaration of constitutionality:

Fernandez v Cueva: - null & void - an unconstitutional act, whether legislative or executive, is not a law, confers no rights, imposes no duties, and affords no protection

Judicial Review by Inferior Courts:

Judicial review is not an exclusive power of the SC Inferior courts have jurisdiction in cases involving constitutionality of any treaty or law, for it speaks of appellate review of final judgment of inferior courts in cases where such constitutionality happens to be in issue

Lower courts must keep in mind that a becoming modesty on inferior courts demands conscious realization of the position they occupy in the interrelation & operation of the integrated judicial system of the nation. A declaration of unconstitutionality made by the SC constitute a precedent binding on all, a similar decision of an inferior court binds only the parties in the case

Modalities of constitutional interpretation: SC is not only a court but also a political institution 6 possible ways in w/c an individual justice might approach a constitutional problem: 1) Historical approach: analyzing the intention of the framers of the constitution and the circumstances of its ratification 2) Textual: reading the language of the constitution as the man on the street would understand it 3) Structural: drawing inferences from the architecture of the three-cornered power relationships that are found in the constitutional arrangement; ex. Separation of powers 4) Doctrinal: rely on established precedents 5) Ethical: seeks to interpret the Filipino moral commitments that are embedded in the constitutional document (religiosity, ethnic diversity) 6) Prudential: weighing & comparing the costs & benefits that might be found in conflicting rules

Review of Death Sentences

SC is authorized to review cases where the penalty imposed is reclusion perpetua, life imprisonment, or death Cases where the penalty imposed is reclusion perpetua, life imprisonment, or death must be reviewed by the CA before they are elevated to the SC DEATH SENTENCE: automatic review by the CA & ultimately by the SC; mandatory right of appeal cant be waived reclusion perpetua, life imprisonment: review is NOT MANDATORY; review may be waived & appeal may be withdrawm

Temporary Assignment of Judges:

SC alone could effect the temporary transfer of judges Temporary transfers could last no longer than 6 months w/o the consent of the judge concerned The power to determine by law the residence of judges still belongs to the legislature as part of its authority to determine additional qualifications of judges in lower courts

Change of Venue:
Pp v Gutierrez: The courts can by appropriate means do all things necessary to preserve & maintain every quality needful to make the judiciary an effective institution of government. One of these incidental & inherent powers is: Transferring the trial of cases from one court to another of equal rank in a neighboring site, whenever the imperative of securing a fair & impartial trial, or of preventing a miscarriage of justice, so demands. Rules concerning protection & enforcement of constl rights, pleadings, practice, procedure, admission to the bar protection & enforcement of constl right: SC authorized by the 1987 Constitution to promulgate rules concerning the protection & enforcement of constl right; auxiliary to its broad judicial power; includes an inherent power to suspend its own rules in particular cases in order to do justice; bases for creating writ of amparo pleadings, practice, procedure, admission to the bar, to have administrative supervision over all courts, to discipline judges of lower courts

traditional power of the SC totality of the administration of justice rule-making authority rules promulgated by the special courts & quasi judicial bodies are effective unless disapproved by the SC Limitations on the power of the courts: 1. Shall provide simplified and inexpensive procedure for the speedy disposition of all cases 2. Shall be uniform for all courts of the same grade 3. Shall not diminish, increase or modify substantive rights; SC not allowed to promulgate rules that can alter substantive rights Substantive rights vs procedural/remedial rights The distinction is incapable of exact definition The difference is somewhat a question of degree The SC in making rules should step on substantive rights Substantive law Substantive rights Remedial rights Creates substantive Those rights w/c one Judicial process for rights enjoys under the legal enforcing rights & system prior to the duties recognized Creates, defines, disturbance of normal by substantive law regulates rights or relations; which regulates the Administering rights & duties w/c Taking away vested remedy & redress give rise to a cause rights; for a disregard or of action infarction of them Creating a right like right As applied to crim to appeal; Operates as a law, declares what means of acts are crimes and implementing an prescribes the existing right punishment for committing them

Remedial Law Prescribes the method of enforcing rights or obtains redress for their invasion Provides or regulates the steps by which one who commits a crime is to be punished

Congress & the Rules of Court: The court has the inherent power to make rules & of the equally inherent power of the legislature tp legislate on matters of court procedure Congress has no longer the power to amend the rules of court The substantive aspect of a case (like in expropriation involving substantive & procedural issues) is always subject to legislation The court has the authority to regulate actual admission to the Bar thru application of rules made by Congress : Congress has the authority to regulate the behavior of public officers, authority to promulgate rules concerning admission to the practice of law Judicial function: Admission, suspension, disbarment, reinstatement of attorneys at law in the practice of the profession & their supervision. This function requires: 1) Previously established rules & principles 2) Concrete facts (past & present) affecting determinate individuals 3) Decision as to whether these facts are governed by the rules and principles

Integration of the Bar:

Integration of the Philippine Bar: official unification of the entire lawyer population of the pHilippines Bar: collectivity of all persons whose names appear in the Roll of Attorneys

Bar integration: signifies the setting up by Government authority of a national organization of the legal profession based on the recognition of the lawyer as an officer of the court Purposes of an integrated bar (pp 1009, Bernas, 1-8) Integration of the bar legal profession (pp 1009-1010, Bernas, 1-14) In re Atty Edillon: The practice of law is not a vested right but a privilege (a privilege clothed with public interests because a lawyer owes substantial duties not only to his client but also to his brethren in the profession , to the courts, and to the nation, and takes part in one of the most important functions of the state the administration of justice as an officer of the court Compulsion is justified as an exercise of the police power of the state Appointment of Court officials & employees: Courts appointing authority must be in accordance with the civil service law Such power to appoint is a measure intended to safeguard the independence of the judiciary

Section 6:
Administrative supervision of inferior courts Power to discipline judges of lower courts (presiding judge of the CA up to the lowest municipal trial court clerk) Power to order the dismissal of judges of lower courts by a vote of the majority of the members who actually took part in the deliberations on the issues in the case & voted thereon