ARTICLE VIII Judicial Department Cases to be Heard En Banc; Supreme Court ( !!!

" No XI - Enumerate the cases required by the Constitution to be heard en banc by the Supreme Court? (2%) SU ES!E" #NS$E%& !he 'o((o)in* are the cases required by the Constitution to be heard en banc by the Supreme Court& (+) Cases in,o(,in* the constitutiona(ity o' a treaty- internationa( or e.ecuti,e a*reement- or (a)/ (2) Cases )hich under the %u(es o' Court are required to be heard en banc0 (1) Cases in,o(,in* the constitutiona(ityapp(ication- or operation o' presidentia( decreesproc(amationsordersinstructions- ordinances- and other re*u(ations/ (2) Cases heard by a di,ision )hen the required ma3ority is not obtained/ (4) Cases )here a doctrine or princip(e o' (a) pre,ious(y (aid do)n )i(( be modi'ied or re,ersed/ (5) #dministrati,e cases a*ainst 3ud*es )hen the pena(ty is dismissa(/ and (6) E(ection contests 'or 7resident or 8ice-7resident0 Contempt #o$ers ( !!%" No0 1& 2) 9n the 'irst day o' the tria( o' a rapemurder case )here the ,ictim )as a popu(ar !8 star- o,er a hundred o' her 'ans ra((ied at the entrance o' the courthouse- each carryin* a p(acard demandin* the con,iction o' the accused and the imposition o' the death pena(ty on him0 !he ra((y )as peace'u( and did not disturb the proceedin*s o' the case0 a) Can the tria( court order the dispersa( o' the ra((yists under pain o'

bein* punished 'or contempt o' court- i' they 'ai( to do so? E.p(ain0 b) I' instead o' a ra((y- the 'ans o' the ,ictim )rote (etters to the ne)spaper editors demandin* the con,iction o' the accused- can the tria( court punish them 'or contempt? E.p(ain0 SU ES!E" #NS$E%&

20 a) :es- the tria( court can order the dispersa( o' the ra((y under pain o' bein* cited 'or contempt0 !he purpose o' the ra((y is to attempt to in'(uence the administration o' ;ustice0 #s stated in 7eop(e ,s0 <(ores- 21= SC%# >1- any conduct by any party )hich tends to direct(y or indirect(y Impede- obstruct or de*rade the administration o' 3ustice is sub3ect to the contempt po)ers o' the court0 b) No- the tria( court cannot punish 'or contempt the 'ans o' the ,ictim )ho )rote (etters to the ne)spaper editors as?in* 'or the con,iction o' the accused0 Since the (etters )ere not addressed to the ;ud*e and the pub(ication o' the (etters occurred outside the court- the 'ans cannot be punished in the absence o' a c(ear and present dan*er to the administration o' ;ustice0 In Cabansa* ,s0 <ernande@- +A2 7hi( +42- it )as he(d that a party )ho )rote to the 7residentia( Comp(aints and #ction Committee to comp(ain about the de(ay in the disposition o' his case cou(d not be punished 'or contempt in the absence o' a c(ear and present dan*er to the 'air administration o' ;ustice0 &inalit' o( Void Jud)ments ( !!*" No0 >/ !he #BC %ea(ty- Inc- 'i(ed a comp(aint a*ainst %ico 'or the co((ection o' unpaid insta(ments on a subdi,ision (ot purchased by the (atter- %ico 'ai(ed to

'i(e an ans)er- )as dec(ared in de'au(t/ and a'ter reception o' p(ainti''s e,idence e. parte- 3ud*ment )as rendered a*ainst him0 !he decision became 'ina(and upon motion by #BC %ea(ty- the 3ud*e issued a )rit o' e.ecution0 %ico no) 'i(es a motion to quash the )rit and to ,acate the ;ud*ment contendin* that it is the Cousin* and Dand Use %e*u(atory Board (CDU%B) )hich is ,ested )ith ori*ina( and e.c(usi,e ;urisdiction o,er cases in,o(,in* the rea( estate business0 %ico prays 'or the dismissa( o' the comp(aint and 'or the nu((ity o' the decision0 !he rea(ty 'irm opposes the motion ar*uin* that under B7 +2=- %!Cs ha,e e.c(usi,e and ori*ina( 3urisdiction o,er cases in )hich the amount o' contro,ersy e.ceeds 72A-AAA0AA0 #ns)er the 'o((o)in* queries& +) $ho has 3urisdiction o,er the co((ection suit? 2) !he %!C decision- ha,in* become 'ina( and e.ecutory- can it sti(( be ,acated? SU ES!E" #NS$E%& +E !he CDU%B 2) :es- the decision o' the %e*iona( !ria( Court can sti(( be ,acatede,en i' it has become 'ina( and e.ecutory0 Since the %e*iona( !ria( Court had no 3urisdiction o,er the casethe decision is ,oid0 &iscal Autonom' ( !!!" No XI - $hat do you understand by the mandate o' the Constitution that the 3udiciary sha(( en3oy 'isca( autonomy? Cite the constitutiona( pro,isions ca(cu(ated to brin* about the rea(i@ation o' the said constitutiona( mandate0 (2%) SU ES!E" #NS$E%&

Under Section 1- #rtic(e 8III o' the Constitution- the 'isca( autonomy o' the ;udiciary means that appropriations 'or the ;udiciary may not be reduced by the (e*is(ature be(o) the amount appropriated 'or the pre,ious year anda'ter appro,a(- sha(( be automatica((y and re*u(ar(y re(eased0 In Ben*@on ,0 "ri(on- 2A> SC%# +11- the Supreme Court e.p(ained that 'isca( autonomy contemp(ates a *uarantee o' 'u(( '(e.ibi(ity to a((ocate and uti(i@e resources )ith the )isdom and dispatch that the needs require0 It reco*ni@es the po)er and authority to deny- assess and co((ect 'ees- 'i. rates o' compensation not e.ceedin* the hi*hest rates authori@ed by (a) 'or compensation and pay p(ans o' the *o,ernment and a((ocate and disburse such sums as may be pro,ided by (a) or prescribed by it in the course o' the dischar*e o' its 'unctions0 &unction; Continuin) Constitutional Con+ention (,---" No I0 --9ne Senator remar?ed that the Supreme Court is a continuin* Constitutiona( Con,ention0 "o you a*ree? E.p(ain0 (2%) SU ES!E" #NS$E%& I do not a*ree that the Supreme Court is a continuin* Constitutiona( Con,ention0 !he criticism is based on the assumption that in e.ercisin* its po)er o' 3udicia( re,ie) the Supreme Court Is not mere(y interpretin* the Constitution but is tryin* to rema?e the o,ernment on the basis o' the persona( predi(ections o' the Fembers o' the Supreme Court- this is a po)er that proper(y be(on*s to the peop(e and their e(ected representati,es0

!he Supreme Court cannot decide cases mere(y on the basis o' the (etter o' the Constitution0 It has to interpret the Constitution to *i,e e''ect to the intent o' its 'ramers and o' the peop(e adoptin* it0 In Interpretin* the Constitution- the Supreme Court has to adopt it to the e,erchan*in* circumstances o' society0 $hen the Supreme Court stri?es do)n an act o' the De*is(ati,e or the E.ecuti,e "epartment- it is mere(y dischar*in* its duty under the Constitution to determine con'(ictin* c(aims o' authority0 #D!E%N#!I8E #NS$E%& !o a certain e.tent- the Supreme Court is a continuin* Constitutiona( Con,ention0 $hen a case is brou*ht in court in,o(,in* a constitutiona( issue0 It becomes necessary to interpret the Constitution- Since the Supreme Court is supreme )ithin its o)n sphere- its interpretation o' the Constitution )i(( 'orm part o' the (a) o' the (and0 Issuance o( Restrainin) .rders and In/unctions ( !!," No0 6& Con*ress is considerin* ne) measures to encoura*e 'orei*n corporations to brin* their in,estments to the 7hi(ippines0 Con*ress has 'ound that 'orei*n in,estments are deterred by the uncertain in,estment c(imate in the 7hi(ippines0 9ne source o' such uncertainty is the hei*htened 3udicia( inter,ention in in,estment matters0 9ne such measure pro,ides that Gno court or administrati,e a*ency sha(( issue any restrainin* order or in3unction a*ainst the Centra( Ban?G in the Ban?Hs e.ercise o' its re*u(atory po)er o,er speci'ic 'orei*n e.chan*e transactions0 $ou(d this be a ,a(id measure? E.p(ain0

SU ES!E" #NS$E%& :es- the measure is ,a(id0 In Fantruste Systems- Inc0 ,s0 Court o' #ppea(s+6= SC%# +15- the Supreme Court he(d that a (a) prohibitin* the issuance o' an in3unction is ,a(idbecause under Section 2- #rtic(e 8III o' the Constitution- the 3urisdiction o' the courts may be de'ined by (a)0 #D!E%N#!I8E #NS$E%& Since under Sections + and 4(2)#rtic(e 8III o' the Constitution- the courts are *i,en the po)er o' ;udicia( re,ie)- the measure is ,oid- Such po)er must be preser,ed0 !he issuance o' restrainin* orders and In3unctions is in aid o' the po)er o' 3udicia( re,ie)0 Judicial 0 Bar Council ( !11" 2o3 4 # no,e( 'eature o' the present Constitution is the ;udicia( and Bar Counci(0 7(ease state& +0 Its principa( 'unction/ 20 Its composition/ and 10 $ho super,ises it- and ta?es care o' its appropriations? SU ES!E" #NS$E%& +0 !he ;udicia( and Bar Counci( has the principa( 'unction o' recommendin* appointees to the ;udiciary0 It may e.ercise such other 'unctions and duties as the Supreme Court may assi*n to it0 (#rt0 8III- sec0 >(4))0 20 !he ;BC is composed o' the Chie' ;ustice as e. o''icio Chairman- the Secretary o' ;ustice and a representati,e o' the Con*ress as e. o''icio Fembers- a representati,e o' the Inte*rated Bar- a pro'essor o' (a)- a retired Fember o' the Supreme Courtand a representati,e o' the pri,ate sector0 (#rt0 8III- sec0 >(+))0

1- !he Supreme Court super,ises the ;BC and pro,ides in the annua( bud*et o' the Court the appropriations o' the ;BC0 (#rt0 8III- sec0 >(2))0 Judicial 0 Bar Council ( !!!" 2o 5I - $hat is the composition o' the ;udicia( and Bar Counci( and the term o' o''ice o' its re*u(ar members? (2%) SU ES!E" #NS$E%& !he ;udicia( and Bar Counci( is composed o' the 'o((o)in*& +0 !he Chie' ;ustice as e. o''icio chairman/ 20 !he Secretary o' ;ustice as e. o''icio member/ 10 # representati,e o' Con*ress as e. o''icio member/ 20 # representati,e o' the Inte*rated Bar/ 40 # pro'essor o' (a)/ 50 # retired ;ustice o' the Supreme Court/ and 60 # representati,e o' the pri,ate sector0 (Section > (+)- #rtic(e 8III o' the Constitution) !he term o' o''ice o' the re*u(ar members is 'our (2) years0 (Section >(2)- #rtic(e 8III o' the Constitution) Judicial Department; 6rit o( Amparo ( !! " 2o 4 $hat is a Constitutiona( )rit o' #mparo and )hat is the basis 'or such a remedy under the Constitution? SU ES!E" #NS$E%& !he )rit o' #mparo in Fe.ican (a) is an e.traordinary remedy )hereby an interested party may see? the in,a(idation o' any e.ecuti,e(e*is(ati,e or 3udicia( act deemed in

,io(ation o' a 'undamenta( ri*ht0 !he adoption o' such a remedy in the 7hi(ippines may be based on #rtic(e 8IIISec0 4(4) o' the Constitution- )hich empo)ers the Supreme Court to promu(*ate ru(es concernin* the protection and en'orcement o' constitutiona( ri*hts0 Judicial Independence; Sa(e)uard (,---" 2o I3 Name at (east three constitutiona( sa'e*uards to maintain 3udicia( independence0 (1%) SU ES!E" #NS$E%& !he 'o((o)in* are the constitutiona( sa'e*uards to maintain 3udicia( independence& (+) !he Supreme Court is a constitutiona( body and cannot be abo(ished by mere (e*is(ation0 (2) !he members o' the Supreme Court cannot be remo,ed e.cept by impeachment0 (1) !he Supreme Court cannot be depri,ed o' its minimum 3urisdiction prescribed in Section 4- #rtic(e X o' the Constitution0 (2) !he appe((ate 3urisdiction o' the Supreme Court cannot be increased by (a) )ithout its ad,ice and concurrence0 (4) #ppointees to the ;udiciary are nominated by the ;udicia( and Bar Counci( and are not sub3ect to con'irmation by the Commission on #ppointments0 (5) !he Supreme Court has administrati,e super,ision o,er a(( (o)er courts and their personne(0 (6) !he Supreme Court has e.c(usi,e po)er to discip(ine ;ud*es o' (o)er courts0 (>) !he Fembers o' the ;udiciary ha,e security o' tenure- )hich cannot be

undermined by a (a) reor*ani@in* the ;udiciary0 (=) Fembers o' the ;udiciary cannot be desi*nated to any a*ency per'ormin* quasi-;udicia( or administrati,e 'unctions0 (+A) !he sa(aries o' Fembers o' the ;udiciary cannot be decreased durin* their continuance in o''ice0 (++) !he ;udiciary has 'isca( autonomy0 (+2) !he Supreme Court has e.c(usi,e po)er to promu(*ate ru(es o' p(eadin*practice and procedure0 (+1) 9n(y the Supreme Court can temporari(y assi*n 3ud*es to other stations0 (+2) It is the Supreme Court )ho appoints a(( o''icia(s and emp(oyees o' the ;udiciary0 (Cru@- 7hi(ippine 7o(itica( Da)- +==4 ed0 (pp0 22=-1+0) Judicial #o$er ( !1!" 2o3 -4 $here is 3udicia( po)er ,ested? $hat are inc(uded in such po)er? SU ES!E" #NS$E%& #ccordin* to Section +- #rtic(e 8III o' the +=>6 Constitution- 3udicia( po)er is ,ested in one Supreme Court and in such (o)er courts as may be estab(ished by (a)0 It inc(udes the duty o' the courts o' 3ustice to sett(e actua( contro,ersies in,o(,in* ri*hts )hich are (e*a((y demandab(e and en'orceab(eand to determine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the o,ernment0 Judicial #o$er ( !!," 2o3 1& # case )as 'i(ed be'ore Sandi*anbayan re*ardin*

questionab(e *o,ernment transaction0 In the course o' the proceedin*sne)spapers (in?ed the name o' Senator ;0 de Deon to the scanda(0 Senator de Deon too? the '(oor o' the Senate to spea? on a Gmatter o' persona( pri,i(e*eG to ,indicate his honor a*ainst those Gbase(ess and ma(iciousG a((e*ations0 !he matter )as re'erred to the Committee on #ccountabi(ity o' 7ub(ic 9''icers- )hich proceeded to conduct a (e*is(ati,e inquiry0 !he Committee as?ed Fr0 8ince Dedesma- a businessman (in?ed to the transaction and no) a respondent be'ore the Sandi*anbayan- to appear and to testi'y be'ore the Committee0 Fr Dedesma re'uses to appear and 'i(e suit be'ore the Supreme Court to cha((en*e the (e*a(ity o' the proceedin*s be'ore the Committee0 Ce a(so as?s )hether the Committee had the po)er to require him to testi'y0 Identi'y the issues In,o(,ed and reso(,e them0 SU ES!E" #NS$E%& !he issues in,o(,ed in this case are the 'o((o)in*& + $hether or not the Supreme Court has 3urisdiction to entertain the case/ 2 $hether or not the Committee on #ccountabi(ity o' 7ub(ic 9''icers has the po)er to in,esti*ate a matter )hich is in,o(,ed in a case pendin* in court/ and 1 $hether or not the petitioner can in,o?e his ri*ht a*ainst se('incrimination0 #(( these Issues )ere reso(,ed in the case o' Ben*@on ,s0 Senate B(ue %ibbon Committee- 2A1 SC%# 6560 !he Supreme Court has 3urisdiction o,er the case- because it in,o(,es the question o' )hether or not the Committee on #ccountabi(ity o' 7ub(ic 9''icers has the po)er to conduct the in,esti*ation0 Under Section +#rtic(e 8III o' the Constitution- 3udicia(

the a

po)er inc(udes the duty o' the courts to determine )hether or not any branch o' the *o,ernment is actin* )ith *ra,e o' abuse o' discretion amountin* to (ac? o' 3urisdiction0 !he Committee on #ccountabi(ity o' 7ub(ic 9''icers has no po)er to in,esti*ate the scanda(0 Since the scanda( is in,o(,ed in a case pendin* in court- the in,esti*ation )i(( encroach upon the e.c(usi,e domain o' the court0 !o a((o) the in,esti*ation )i(( create the possibi(ity o' con'(ictin* 3ud*ments bet)een the committee and the court0 I' the decision o' the committee )ere reached be'ore that o' the court- it mi*ht in'(uence the 3ud*ment o' the court0 !he petitioner can in,o?e his ri*ht a*ainst se('-incrimination- 000 Judicial #o$er ( !!1" I80 #ndres #n* )as born o' a Chinese 'ather and a <i(ipino mother in Sorso*on- Sorso*on on ;anuary 2A+=610 In +=>>- his 'ather )as natura(i@ed as a <i(ipino citi@en0 9n Fay ++- +==>0 #ndres #n* )as e(ected %epresentati,e o' the <irst "istrict o' Sorso*on0 ;uan Bonto )ho recei,ed the second hi*hest number o' ,otes'i(ed a petition 'or Iuo $arranto a*ainst #n*0 !he petition )as 'i(ed )ith the Couse o' %epresentati,e E(ectora( !ribuna( (C%E!)0 Bonto contends that #n* is not a natura( born citi@en o' the 7hi(ippines and there'ore is disqua(i'ied to be a member o' the Couse0 !he C%E! ru(ed in 'a,or o' #n*0 Bonto 'i(ed a petition 'or certiorari in the Supreme Court0 !he 'o((o)in* issues are raised& + $hether the case is 3usticiab(e considerin* that #rtic(e 8I0 Section +6 o' the Constitution dec(ares the C%E! to be the Gso(e ;ud*eG o' a(( contests re(atin* to the e(ection returns and

disqua(i'ications o' members o' the Couse o' %epresentati,es0 J4%K 2 $hether #n* is a natura( born citi@en o' the 7hi(ippines0 L4%K Co) shou(d this case be decided? SU ES!E" #NS$E%& +0 !he case is 3usticiab(e0 #s stated In Da@atin ,s0 Couse E(ectora( !ribuna( +5> SC%# 1=+- 2A2- since 3udicia( po)er inc(udes the duty to determine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the o,ernmentthe Supreme Court has the po)er to re,ie) the decisions o' the Couse o' %epresentati,es E(ectora( !ribuna( in case o' *ra,e #buse o' discretion on its part0 20 #ndres #n* shou(d be considered a natura( born citi@en o' the 7hi(ippines0 0000 Judicial #o$er; Scope ( !!7" 2o3 ,& +E $hat is the di''erence- i' any0 Bet)een the scope o' ;udicia( po)er under the +=>6 Constitution on one hand- and the +=14 and +=61 Constitutions on the other? SU ES!E" #NS$E%& !he scope o' 3udicia( po)er under the +=>6 Constitution is broader than its scope under the +=14 and +=61 Constitution because o' the second para*raph o' Section +- #rtic(e 8III o' the +=>6 Constitution- )hich states that it inc(udes the duty to determine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the o,ernment0 #s

he(d in Farcos us0 Fan*(apus- +66 SC%# 55>0 this pro,ision (imits resort to the po(itica( question doctrine and broadens the scope o' 3uridica( inquiry into areas )hich the courts under the +=14 and the +=61 Constitutions )ou(d norma((y ha,e (e't to the po(itica( departments to decide0 #D!E%N#!I8E #NS$E%& Under the +=14 and +=61 Constitutions- there )as no pro,ision de'inin* the scope o' 3udicia( po)er as ,ested in the 3udiciary0 $hi(e these Constitutions- both pro,ided 'or ,esture o' 3udicia( po)er Gin one Supreme Court and in such in'erior courts as may be estab(ished by (a)-G they )ere si(ent as to the scope o' such po)er0 !he +=>6 Constitution- on the other hand- re)rote the pro,isions on the ,esture o' 3udicia( po)er ori*ina((y appearin* in the +=14 and +=61 Constitutions- as 'o((o)s& G!he 3udicia( po)er sha(( be ,ested in one Supreme Court and in such (o)er courts as may be estab(ished by (a)0 G;udicia( po)er inc(udes the duty o' the courts o' 3ustice to sett(e actua( contro,ersies In,o(,in* ri*hts )hich are (e*a((y demandab(e and en'orceab(e- and to determine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' ;urisdiction on the part o' any branch or instrumenta(ity o' the o,ernment0G (Sec0 +0 #rt0 8III) !he second para*raph o' the cited pro,ision )as not 'ound in the +=14 and +=61 Constitution- it contains a ne) de'inition o' 3udicia( po)er particu(ar(y the scope thereo'0 !he 'irst portion thereo' represents the traditiona( concept o' ;udicia( po)erin,o(,in* the sett(ement o' con'(ictin* ri*hts as by (a)- )hich presumab(y )as imp(icit in the +=14 and +=61

Constitutions0 !he second ((atter) portion o' the de'inition represents a broadenin* o' the scope o' 3udicia( po)er or- in the (an*ua*e o' the Supreme Courtcon'erment o' Ge.panded ;urisdictionG on the ;udiciary ("a@a ,0 Sin*son- +>A SC%# 2=5) to enab(e the courts to re,ie) the e.ercise o' discretion by the po(itica( departments o' *o,ernment0 !his ne) prero*ati,e o' the 3udiciary as no) reco*ni@ed under the +=>6 Constitution )as not constitutiona((y permissib(e under the +=14 and +=61 Charters0 Judicial Re+ie$; Locus Standi ( !!," 2o3 %4 !he 7hi(ippine En,ironmenta(istsH 9r*ani@ation 'or Nature- a du(y reco*ni@ed non*o,ernmenta( or*ani@ation- intends to 'i(e suit to en3oin the 7hi(ippine o,ernment 'rom a((ocatin* 'unds to operate a po)er p(ant at Fount !uba In a southern is(and0 !hey c(aim that there )as no consu(tation )ith the Indi*enous cu(tura( community )hich )i(( be disp(aced 'rom ancestra( (ands essentia( to their (i,e(ihood and indispensab(e to their re(i*ious practices0 !he or*ani@ation is based in Fa?ati0 #(( its o''icers (i,e and )or? in Fa?ati0 Not one o' its o''icers or members be(on* to the a''ected indi*enous cu(tura( community0 "o they ha,e the standin* in this dispute? E.p(ain0 $ou(d your ans)er be di''erent i' the 7hi(ippine 7o)er Corporation- a pri,ate company- )ere to operate the p(ant? E.p(ain0 SU ES!E" #NS$E%& a) Under Section 4- #rtic(e XII o' the Constitution- the State shou(d protect

the ri*hts o' cu(tura( Indi*enous communities to their ancestra( (ands to ensure their )e((-bein*0 Under Section +6- #rtic(e XI8 o' the Constitution- the State shou(d protect the ri*hts o' indi*enous cu(tura( communities to preser,e and de,e(op this cu(turestraditions- and institutions and shou(d consider these ri*hts in the 'ormu(ation o' nationa( p(ans and po(icies0 !he *o,ernment ,io(ated these pro,isionsbecause it decided to operate the po)er p(ant )ithout consu(tin* the indi*enous cu(tura( community and the operation o' the po)er p(ant )i(( resu(t in its disp(acement0 I' the pro3ected (a)suit )i(( be based on ,io(ation o' the ri*hts o' the indi*enous cu(tura( communities- the 7hi(ippine En,ironmenta(ists 9r*ani@ation )i(( ha,e no standin* to 'i(e the case0 None o' its o''icers and members be(on* to the indi*enous cu(tura( community0 None o' their ri*hts are a''ected0 I' the (a)suit )i(( see? to en3oin the use o' pub(ic 'unds to operate the po)er p(ant- the 7hi(ippine En,ironmenta(istsH 9r*ani@ation can 'i(e a ta.payerHs suit0 #s he(d in Faceda us0 Facarai*- +=6 SC%# 66+- a ta.payer has standin* to question the i((e*a( e.penditure o' pub(ic 'unds0 b) !he 7hi(ippine En,ironmenta(ists 9r*ani@ation )i(( ha,e no standin* to 'i(e the case i' it is a pri,ate company that )i(( operate the po)er p(ant- because no pub(ic 'unds )i(( be spent 'or its operation0 #s he(d in on@a(es ,s Farcos- 54 SC%# 522- a ta.payer has no standin* to 'i(e a case i' no e.penditure o' pub(ic 'unds is in,o(,ed0 Since no member or o''icer o' the 7hi(ippine En,ironmenta(istsH 9r*ani@ation be(on*s to the a''ected indi*enous community- none o' the

ri*hts o' the 7hi(ippine En,ironmenta(istsH 9r*ani@ation and o' its o''icers and members are a''ected0 In accordance )ith the ru(in* in Nationa( Economic 7rotectionism #ssociation ,s0 9n*pin- +6+ SC%# 546the or*ani@ation has no standin* to 'i(e the case0 Judicial Re+ie$; Re8uisites ( !!7" 2o3 ,4 2) #ssume that the constitutiona( question raised in a petition be'ore the Supreme Court is the Iis mota o' the case- *i,e at (east t)o other requirements be'ore the Court )i(( e.ercise its po)er o' 3udicia( re,ie)? SU ES!E" #NS$E%& 2) #ccordin* to Facasiano ,s0 Nationa( Cousin* #uthority- 222 SC%# 215- in addition to the requirement that the constitutiona( question raised be the (is mota o' the case- the 'o((o)in* requisites must be present 'or the e.ercise o' the po)er o' 3udicia( re,ie)& + !here must be an actua( case or contro,ersy in,o(,in* a con'(ict o' (e*a( ri*hts susceptib(e o' ;udicia( determination/ 2 !he constitutiona( question must be raised by the proper party/ and 1 !he constitutiona( question must be raised at the ear(iest opportunity0 9andator' #eriod &or Decidin) Cases ( !1!" 2o3 -4 (2) "espite the (apse o' 2 months 'rom the time that the tria( )as terminated and the case submitted 'or decision- the tria( court 'ai(ed to decide the case0 !he

de'ense counse( mo,ed to dismiss the case on the *round that a'ter the(apse o' =A days- the court had (ost 3urisdiction to decide the case0 Shou(d the motion be *ranted? SU ES!E" #NS$E%& No- the motion shou(d not be *ranted0 Section +4 (2)- #rtic(e 8III o' the +=>6 Constitution pro,ides& G"espite the e.piration o' the app(icab(e mandatory period- the court- )ithout pre3udice to such responsibi(ity as may ha,e been incurred in consequence thereo'- sha(( decide or reso(,e the case or matter submitted thereto 'or determination- )ithout 'urther de(ay0G !hus- the 'ai(ure o' the tria( court to decide the case )ithin ninety days did not oust it o' 3urisdiction to decide the case0 #D!E%N#!I8E #NS$E%& !he +=61 Constitution pro,ided 'or certain consequences on the decisions o' courts in case o' the 'ai(ure o' the Supreme Court and other in'erior co((e*iate courts to decide cases )ithin prescribed periods0 But it did not pro,ide 'or consequences on the decisions o' tria( courts as a resu(t o' their 'ai(ure to decide cases )ithin three months (#rt0 X- Sec0 ++)0 In Farce(ino ,s0 Cru@- +2+ SC%# 4+ (+=>1) it )as he(d that the periods prescribed are on(y directorynot mandatory0 #olitical :uestion ( !!;" 2o3 *& ;udicia( po)er as de'ined in Sec0 +- 2 nd par0- #rt0 8III- +=>6 Constitution- no) Ginc(udes the duty o' the Courts o' ;ustice to sett(e actua( contro,ersies in,o(,in* ri*hts )hich are (e*a((y demandab(e and en'orceab(e- and to

determine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? o' e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the o,ernment0 G!his de'inition is said to ha,e e.panded the po)er o' the 3udiciary to inc(ude po(itica( questions 'ormer(y beyond its 3urisdiction0 (+) "o you a*ree )ith such as interpretation o' the constitutiona( de'inition o' 3udicia( po)er that )ou(d authori@e the courts to re,ie) and- i' )arranted- re,erse the e.ercise o' discretion by the po(itica( departments (e.ecuti,e and (e*is(ati,e) o' the *o,ernment- inc(udin* the Constitutiona( Commissions? "iscuss 'u((y(2) In your opinion- ho) shou(d such de'inition be construed so as not to erode considerab(y or disre*ard entire(y the e.istin* Gpo(itica( questionG doctrine? "iscuss 'u((y0 SU ES!E" #NS$E%& +0 :es- the second para*raph o' Section +#rtic(e 8III o' the +=>6 Constitution has e.panded the po)er o' the ;udiciary to inc(ude po(itica( questions0 !his )as not 'ound in the +=14 and the +=61 Constitution- 7recise(y- the 'ramers o' the +=>6 constitution intended to )iden the scope o' 3udicia( re,ie)0 20 #s pointed out in Farcos ,s0 Fan*(apus- +66 SC%# 55>- so as not to disre*ard entire(y the po(itica( question doctrine- the e.tent o' 3udicia( re,ie) )hen po(itica( questions are in,o(,ed shou(d be (imited to a determination o' )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' the o''icia( )hose act is bein* questioned0 I'

*ra,e abuse o' discretion is not sho)nthe courts shou(d not substitute their 3ud*ment 'or that o' the o''icia( concerned and decide a matter )hich by its nature or by (a) is 'or the (atter a(one to decide0 #olitical :uestion Doctrine ( !!<" 2o3 ;; !o )hat e.tent- i' at a((- has the +=>6 Constitution a''ected the Gpo(itica( question doctrineG? SU ES!E" #NS$E%& Section +- #rtic(e 8III o' the Constitution has e.panded the scope o' 3udicia( po)er by inc(udin* the duty o' the courts o' ;ustice to sett(e actua( contro,ersies in,o(,in* ri*hts )hich are (e*a((y demandab(e and en'orceab(e- and to determine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the o,ernment0 In Farcos ,s0 Fan*(apus+66 SC%# 55>- the Supreme Court stated that because o' this courts o' 3ustice may decide po(itica( questions i' there )as *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' the o''icia( )hose action is bein* questioned0 #olitical :uestion4 Separation o( #o$ers (,--7" (b) S"9 )as e(ected Con*ressman0 Be'ore the end o' his 'irst year in o''icehe in'(icted physica( in3uries on a co((ea*ue- E!- in the course o' a heated debate0 Char*es )ere 'i(ed in court a*ainst him as )e(( as in the Couse Ethics Committee0 Dater- the Couse o' %epresentati,es- di,idin*

a(on* party (ines- ,oted to e.pe( him0 C(aimin* that his e.pu(sion )as rai(roaded and tainted by bribery- he 'i(ed a petition see?in* a dec(aration by the Supreme Court that the Couse *ra,e(y abused its discretion and ,io(ated the Constitution0 Ce prayed that his e.pu(sion be annu((ed and that he shou(d be restored by the Spea?er to his position as Con*ressman0 Is S"9Hs petition be'ore the Supreme Court 3usticiab(e? Cite pertinent issues 'or consideration0 (4%) SU ES!E" #NS$E%& $hi(e under Section +- #rtic(e 8III o' the +=>6 Constitution the Supreme Court may inquire )hether or not the decision to e.pe( S"9 is tainted )ith *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction- the petition shou(d be dismissed0 In #(e3andrino ,0 Iue@on (25 7hi(0 >1 J+=22K)- the Supreme Court he(d that it cou(d not compe( the Senate to reinstate a Senator )ho assau(ted another Senator and )as suspended 'or disorder(y beha,ior- because it cou(d not compe( a separate and co-equa( department to ta?e any particu(ar action0 In 9smeMa ,0 7endatun (+A= 7hi(0 >51 J+=5AK)- it )as he(d that the Supreme Court cou(d not inter'ere )ith the suspension o' a Con*ressman 'or disorder(y beha,ior- because the Couse o' %epresentati,es is the 3ud*e o' )hat constitutes disorder(y beha,ior0 !he assau(t o' a 'e((o) Senator constitutes disorder(y beha,ior0 #olitical :uestion; To Settle Actual Contro+ersies (,--7" (a) !he +=14- +=61 and +=>6 Constitutions common(y pro,ide that G;udicia( po)er sha(( be ,ested in one Supreme Court and in such (o)er courts

as may be estab(ished by (a)0G $hat is the e''ect o' the addition in the +=>6 Constitution o' the 'o((o)in* pro,ision& G;udicia( po)er inc(udes the duty o' the courts o' 3ustice to sett(e actua( contro,ersies in,o(,in* ri*hts )hich are (e*a((y demandab(e and en'orceab(eand to determine )hether or not there has been *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the *o,ernmentG? "iscuss brie'(y- citin* at (east one i((ustrati,e case0 (4%) SU ES!E" #NS$E%& !he e''ect o' the second para*raph o' Section +- #rtic(e 8III o' the +=>6 Constitution is to (imit resort to the po(itica( question doctrine and to broaden the scope o' 3udicia( inquiry into areas )hich the ;udiciary- under the pre,ious Constitutions- )ou(d ha,e (e't to the po(itica( departments to decide0 I' a po(itica( question is in,o(,ed- the ;udiciary can determine )hether or not the o''icia( )hose action is bein* questioned acted )ith *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction (Farcos ,0 Fan*(apus- +66 SC%# 55> J+=>=K)/ ("a@a ,0 Sin*son- +>A SC%# 2=5 J+=>=K)0 !hus- a(thou*h the Couse o' %epresentati,es E(ectora( !ribuna( has e.c(usi,e 3urisdiction to decide e(ection contests in,o(,in* members o' the Couse o' %epresentati,es- the Supreme Court nu((i'ied the remo,a( o' one o' its members 'or ,otin* in 'a,or o' the protestant- )ho be(on*ed to a di''erent party0 (Bondoc ,0 7ineda- 2A+ SC%# 6=2 J+==+K)0 #olitical :uestions ( !11"

2o3 ,*& In accordance )ith the opinion o' the Secretary o' ;ustice- and be(ie,in* that it )ou(d be *ood 'or the countrythe 7resident enters into an a*reement )ith the #mericans 'or an e.tension 'or another 'i,e (4) years o' their stay at their mi(itary bases in the 7hi(ippinesin consideration o'& (+) # year(y renta( o' one bi((ion U0S0 do((arspayab(e to the 7hi(ippine *o,ernment in ad,ance/ (2) #n underta?in* on the part o' the #merican *o,ernment to imp(ement immediate(y the mini-Farsha(( p(an 'or the country in,o(,in* ten bi((ion U0S0 do((ars in aids and concessiona( (oans/ and (1) #n underta?in* to he(p persuade #merican ban?s to condone interests and other char*es on the countryHs outstandin* (oans0 In return- the 7resident a*reed to a((o) #merican nuc(ear ,esse(s to stay 'or short ,isits at Subic- and in case o' ,ita( mi(itary needto store nuc(ear )eapons at Subic and at C(ar? <ie(d0 # ,ita( mi(itary need comes- under the a*reement- )hen the sea(anes 'rom the 7ersian u(' to the 7aci'ic- are threatened by hosti(e mi(itary 'orces0 !he Nuc(ear <ree 7hi(ippine Coa(ition comes to you 'or ad,ice on ho) they cou(d (e*a((y pre,ent the same a*reement entered into by the 7resident )ith the US *o,ernment 'rom *oin* into e''ect0 $hat )ou(d you ad,ise them to do? i,e your reasons0 SU ES!E" #NS$E%& I' the #*reement is not in the 'orm o' a treaty- it is not (i?e(y to be submitted to the Senate 'or rati'ication as required in #rt0 8II- sec0 2+0 It may notthere'ore- be opposed in that branch

o' the *o,ernment0 Nor is 3udicia( re,ie) 'easib(e at this sta*e because there is no 3usticiab(e contro,ersy0 $hi(e #rt0 8III- sec0 +- par0 2 states that 3udicia( po)er inc(udes the duty o' court o' 3ustice to Gdetermine )hether or not there has been a *ra,e abuse o' discretion amountin* to (ac? or e.cess o' 3urisdiction on the part o' any branch or instrumenta(ity o' the *o,ernment-G it is c(ear that this pro,ision does not do a)ay )ith the po(itica( question doctrine0 It )as inserted in the Constitution to pre,ent courts 'rom ma?in* use o' the doctrine to a,oid )hat other)ise are 3usticiab(e contro,ersies- a(beit in,o(,in* the E.ecuti,e Branch o' the *o,ernment durin* the martia( (a) period0 9n the other hand- at this sta*e- no 3usticiab(e contro,ersy can be 'ramed to 3usti'y 3udicia( re,ie)- I )ou(d- there'oread,ice the Nuc(ear <ree 7hi(ippine Coa(ition to resort to the media to (aunch a campai*n a*ainst the #*reement0 Term o( .((ice; Justices ( !!%" 2o3 !4 #- an associate 3ustice o' the Supreme Court reached the a*e o' se,enty on ;u(y +- +==50 !here )as a case ca(endared 'or de(iberation on that day )here the ,ote o' # )as crucia(0 Can # ho(d o,er the position and participate in the de(iberation o' the case on ;u(y +- +==5? E.p(ain0 SU ES!E" #NS$E%& No0 # cannot ho(d o,er his position as #ssociate ;ustice o' the Supreme Court and participate in the de(iberations o' the case on ;u(y ++==50 Under Section ++- #rtic(e 8III o'

the Constitution- Fembers o' the Supreme Court ho(d o''ice unti( they reach the a*e o' se,enty years or become incapacitated to dischar*e their duties0 Constitutiona( o''icers )hose terms are 'i.ed by the Constitution ha,e no ri*ht to ho(d o,er their positions unti( their successors sha(( ha,e been appointed and qua(i'ied un(ess other)ise pro,ided in the Constitution0 (Fechem# !reaties on the Da) o' 7ub(ic 9''ices and 9''icers- p0 24>0) 8otes required 'or dec(arin* a (a) unconstitutiona( (+==5) No0 6& Can 'i,e members o' the Supreme Court dec(are a municipa( ordinance unconstitutiona(? E.p(ain0 SU ES!E" #NS$E%& :es0 'i,e Fembers o' the Supreme Court sittin* en-banc can dec(are a municipa( ordinance unconstitutiona(0 Under Section 2(2)0 #rtic(e 8III o' the Constitution- a municipa( ordinance can be dec(ared unconstitutiona( )ith the concurrence o' a ma3ority o' the Fembers o' the Supreme Court )ho actua((y too? part in the de(iberation on the issues in the case and ,oted thereon0 I' on(y ei*ht Fembers o' the Supreme Court actua((y too? part in decidin* the case- there )i(( sti(( be a quorum0 <i,e Fembers )i(( constitute a ma3ority o' those )ho actua((y too? part in decidin* the case0 ,- * bar Con*ress enacted a (a) pro,idin* 'or tria( by 3ury 'or those char*ed )ith crimes or o''enses punishab(e by rec(usion perpetua or (i'e imprisonment0 !he (a) pro,ides 'or the qua(i'ications o'

members o' the 3ury- the *uide(ines 'or the bar and bench 'or their se(ection- the manner a tria( by 3ury sha(( operate- and the procedures to be 'o((o)ed0 Is the (a) constitutiona(? Su**ested ans)er !he (a) is unconstitutiona(- under the Constitution 3udicia( po)er is ,ested in our courts0 Cence tria( by 3ury may be a((o)ed i' the Constitution is amended and not by mere statutory (e*is(ation as in this case0