SECTION 5

The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

In this part this deals with Original jurisdiction of the Supreme Court over:

Original jurisdiction – One of the modes by which a case reaches the Supreme Court is through an
original petition filed directly with the Supreme Court.

A. Cases affecting ambassadors, other public ministers and consuls:

Note: this refers to the ambassadors, public ministers and consuls stationed in the Philippines.
1. Privileges and immunities
Ambassadors and other public ministers are exempt from the jurisdiction of tribunals of the country
they are accredited.
This is based on the principle of international law that they are considered extension of sovereignty of
the state to which they represent.
A consul however is not entitled to the privileges and immunities of ambassador or minister and is
subject to the law of the country he is accredited. A consul then is not exempt from criminal
prosecution.
Is there a difference between ambassador and consul? Yes. Ambassador works/stationed in Embassy
(representative of government in a foreign country; acts as communication channel between 2
gov) while consul is merely representative of its public administration

Now IF and ONLY IF there is no appeal or any plain, speedy and adequate remedy in the ordinary course
of law, petitions for certiorari and others will be allowed.
However, there must be a finding of "grave abuse of discretion" on the part of the respondents to the
suit to justify favorable action on the petition.

B. Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus

It has original and exclusive jurisdiction over petitions for issuance of writ of certiorari, prohibition, and
mandamus against court of appeals.

Certiorari - it is writ issued from a superior court (Supreme Court, court of appeals or regional
trial court) requiring the lower court or officer exercising jurisdiction function to transmit the records of
a case to the superior court for purposes of review.

Prohibition- it is a writ by which a superior court commands a lower court or a corporation,

board or a person acting without or in excess of its jurisdiction or with a grave of abuse of discretion to
desist from further proceedings in an action or matter.

Mandamus – it is an order issued by a superior court commanding a lower court or a

corporation, board or a person to perform a certain act which it is its or his duty to do.

Quo warranto – it is an action by the government to recover an office or franchise from an

individual or corporation usurping or unlawfully holding it.
 Habeas corpus - a writ issued in order to bring somebody who has been detained into courts,
usually whether the detention is lawful.

Recourse in law. Which a person can report an unlawful detention or imprisonment. Consider as
the most efficient safeguard of liberty of the subject.

How?

it is addressed to the custodian (a prison official, for example) and demands that a prisoner be taken
before the court, and that the custodian present proof of authority, allowing the court to determine
whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his
or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or
her behalf, may petition the court, or a judge, for a writ of habeas corpus

; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect
other rights, such as the entitlement to a fair trial

However, The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion when the public safety requires it. Meaning The writ of habeas corpus may be suspended in
order to prevent any violence in cases of rebellion or insurrection, as the case may be.

Example : In 1971, after the Plaza Miranda bombing, the Marcos administration, under Ferdinand
Marcos, suspended habeas corpus in an effort to stifle the oncoming insurgency

On May 23, 2017, President Rodrigo Duterte declared martial law in the whole island of Mindanao for
the period of 60 days due to the series of attacks mounted by the Maute group. The declaration
suspends the writ

(2) Review, revise, reverse, modify , or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
In this second paragraph it deals with appellate jurisdiction on SC.

Appellate jurisdiction is the power of higher court to review and reverse the decision coming from
lower court.

Exclusive appellate jurisdiction of the Supreme Court:

1. Cases of great public interest

 This refers to cases of great public interests or of serious moment to individual rights.
All cases in which the constitutionality; All cases involving the legality of any tax; All criminal
cases in which the penalty imposed is reclusion perpetua or higher
2. Elevation of cases to Supreme Court
The only power which congress may exercise is the right to determine whether the elevation of the case
should be done through appeal or certiorari.
a. By appeals, the appellate court reviews all the findings of law and of fact of a lower court as in
special proceedings
b. By certiorari, the appellate or superior court can review only questions or errors of law decided or
committed by a lower court

Decision of trial court may be elevated to court of appeal rarely to SC if question of law is involved

3. Cases involving only an error or question of law

The review jurisdiction of the Supreme Court does not extend to reviewing or reversing factual
findings of lower court. It is limited to questions of law, not to question of facts.
Question of law – (eg: constitutionality of a law; applicability of law; or provision of law)
It involves no examination of the probative value of the evidenced presented by the parties or
any of them in the lower court
There is no dispute between the parties as to facts of the case. It is reviewable by the Supreme
Court.
Question of fact – (eg.: whether or not a particular case has taken place)
Involves determination of the truth and or falsity of facts as alleged by the parties
It cannot be reviewed by the Supreme Court on certiorari

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.

a. Assignment temporary

Temporary assignment of the judges of lower may be made only by the Supreme Court
The temporary assignment of a judge to another station may be made without his consent or
even against his objection unless it is for a period longer than 6 months in which case it must be with his
consent.
b.Assignment permanent
It can only be effected with the consent of the judge concerned and by the extension of a new
appointment by the president.
The reason is that a judge enjoys security of tenure and such transfer is equal to removal from
one office (former station) and appointment to new office (another station)
c. Assignment with the same region
The station of a judge is the place where he is assigned to hold regular sessions.
 A RTC judge is appointed by region. He may be assigned to any regional branch within the same
region without the need to his concent because the whole region is his staition.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

SC can order a change of venue or place of trial whenever the imperative of securing a fair and impartial
trial or of preventing miscarriage of justice so demand.

Ex.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and
legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and
shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Rule- making power of the Supreme Court

The Supreme Court is vested by the constitution with full legislative authority to promulgate rules
concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in
all courts.

The rules promulgated are called “Rules of the court”.

a. Protection and enforcement of constitutional rights.

The constitution accords great importance to the full enjoyment by the people of their
constitutional rights that even the Supreme Court is instructed to promulgate rules of
procedure concerning their protection and enforcement in cases pending before the courts.
b. Pleading
It is the act of presenting one’s claim, answer, or arguments in defense or prosecution of an
action.
These are written allegations made by parties to a case for the purpose of presenting the issues
to be tried. Ex: written complaints and answer thereto
c. Practice of law
It is doing or performing of services in a court of justice, in any matter pending therein. In a
larger sense, it includes legal advice and council and the preparation of any legal instruments
and contracts although such matter may not be pending in court.
d. Procedure
It refers to the method by which substantive rights may be enforced in the courts of justice
e. Admission to the practice of law or to the bar
A person is said to be admitted to the bar or is a member of the Bar when he is authorized by
the Supreme Court to practice law in the Philippines. He is authorized if he has the necessary
legal, moral, and educational qualifications, and the preparation on training in law and has
passed the required examination.
f. Integrated bar
 It means the official national unification of the entire population of the Philippines in a single
organization.
This requires membership and financial support of every attorney as conditions sine qua non to
the practice of law and the retention of his name in the Roll if Attorneys of the Supreme Court.
The term “Bar” refers to the collectivity of all persons whose names appear in the Roll of
Attorneys of the Supreme Court.
The general purpose of an integrated bar are:
To elevate the standards of the legal profession
To improve the administration of justice
To enable the bar to discharge its public responsibility more effectively
g. Legal assistance to the underprivileged
Poor and uninformed litigants are entitled to legal assistance from the government in defending
or enforcing their rights to redress the imbalance. For instance, they are given lawyers, free of
charge to represent them and are exempted from paying court fees
This assures that free access to the courts and quasi-judicial bodies are not denied to any person
by the reason of poverty. (Article III, Sec.11)

Limitations on the rule-making power of the Supreme Court

1. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
2. They shall be uniform for all courts of the same grade;
3. They shall not diminish, increase or modify substantive rights

Substantive and Procedural law / rights distinguished

Substantive law – part of the law that creates, defines, and regulates rights concerning life,
liberty, or property, or the powers of agencies or instrumentalities for the administration of public
affairs.
Examples: Civil Code, Code of commerce, Insurance Code, corporation code, National Internal Revenue
Code, Revised penal Code (criminal law) and the constitution
Procedural law – (adjective or remedial) is that part of law which prescribes the method of
enforcing rights or obtaining redress for their violations
This law is governed by the rules of the court promulgated by the Supreme Court

Substantive rights - are rights which substantive law declares or rights concerning life, liberty, or
property.
Examples are the rights in the Bill of Rights of constitution.
Procedural rights – refers to the remedies or means by which an aggrieved party whose substantive
rights have been violated, may bring his case to suit, trial, and judgment.
Example is the right of a party to appeal a decision of lower court to higher court.

From the foregoing discussion, it is plain that substantive law is useless without procedural law, as it will
be simply a collection of unenforceable rights and duties; while without substantive law, procedural law
would have no reason for its existence.
(6) Appoint all officials and employees of the judiciary in accordance with the Civil Service Law.
The Supreme Court has the power to appoint all officials and employees of the judiciary in accordance
with the Civil Service law (Sec5 [6])