Powers of the Supreme Court

Adjudicatory Powers Involving rights legally demandable and enforceable

- to settle
Affecting ambassadors, consuls, public ministers
disputes/controversies
over cases
PET = SC (Article VII, Section [4])

a) constitutionality/ validity of:

Judicial Department
- final judgment and
order of lower courts
(Section 5 [2])
Article VIII
Judicial Power
- to interpret laws
(1) treaty, international/executive agreements
(2) memorandum, circular, ordinance, rules and regulations
(3) statute
b) legality of:
(1) tax, imposts
(2) assessment, toll or penalty thereto
c) penalty imposed:
(1) reclusion perpetua; or
(2) higher (death penalty – automatic review by SC)
d) purely questions of law
e) jurisdictional issue:
(1) lack
(2) excess
(3) grave abuse of discretion amounting to lack of jurisdiction

Judicial Review a) treaty, international/ executive agreements

- to test the validity of b) presidential decrees, proclamation, order, instruction,
the acts of any branch memorandum, circular, ordinance and rules and regulations
Executive Department c) grave abuse of discretion amounting to lack of jurisdiction
of government
d) suspension of privilege of habeas corpus/declaration of martial
law (Article VIII, Section 18)

a) statute
Legislative Department b) grave abuse of discretion amounting to lack of jurisdiction

Constitutional a) decision, ruling, order

Commissions b) grave abuse of discretion amounting to lack of jurisdiction

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 Incidental Powers a) cite contempt
- necessary to b) issue suboenas/orders
discharge its judicial c) grant/deny motions
functions d) order arrest

a) protection and enforcement of constitutional rights

Rule-Making Powers
b) pleading, practice, procedure in all courts
- to promulgate rules
c) admission to the practice of law
concerning
Article VIII d) integrated bar
(Section 6 [5])
Judicial Power e) legal assistance to the underprivileged
- to interpret laws

a) detailing of lower court judges (Section 5[3])

b) change of venue or place of trial (Section 5[4])
Auxiliary c) discipline lower court judges (Section 11)
Administrative d) administrative supervision over all courts and court personnel (Section 6)
Powers e) fiscal autonomy (Section 3)
f) annual report (Section 16)
g) supervision of JBC (Section 8[5])
h) plenary powers over the Bar
i) supervisory power over IBP
j) power of appointment (Section 5[6])

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 a) actual case or controversy
(1) justiciable
(2) not moot and academic
 except: (i) grave violation of the Constitution
(ii) transcendental importance
(iii) to guide the Bench and Bar
(iv) capable of repetition yet evading review
(3) ripe for judicial review
b) issue must be raised by proper party (locus standi)
 facial challenge
(1) citizen
(2) voter
(3) taxpayer
(4) associational
Requisites of Judicial
(5) legislative
Review of a
(6) governmental
Constitutional Issue
(7) inter-generational
(8) epistolary jurisdiction
c) raised at the earliest opportunity
 except:
(1) civil case – constitutional issue may be raised for the first time if the question is necessary to the
decision of the criminal case
(2) criminal case – constitutional issue may be raised at any stage within the sound discretion of the
court
(3) jurisdiction of court – may be raised anytime if it involves jurisdiction of lower courts
• except: estoppel
d) necessity of deciding the constitutional issue
 lis mota of the controversy = clear and unequivocal breach of the Constitution