Section 4

Article 1
The supreme court shall be
composed of a chief justice and
fourteen associate justices. It may
sit en banc or in its discretion, in
divisions of three, five or seven
members. Any vacancy shall be filled
within ninety days from occurrence
thereof.

Composition of the Supreme

Court
Chief Justice
14 Associate Justices
Any vacancy shall be filled within 90
days

*Retained the 1973 Charter to cope

with the continuing increase in cases
brought about the growing
population

Sitting Procedure
The SC may sit and hear cases en banc or
in divisions of 3, 5 and 7.
It is the SC that decides whether or not it
will sit in divisions
The quorum of the when sitting en banc is
8.
Hence, 5 votes are sufficient for rendering
a decision in all cases required to be heard
en banc provided that they actually took
part in the deliberations on the case

Article 2
All cases involving the constitutionality of a treaty,
international or executive agreement, or law,
which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of
Court are required to be heard en banc, including
those involving the constitutionality, application, or
operation of presidential decrees, proclamation
orders, instructions, ordinances, and or other
regulations, shall be decided with the occurrence
of a majority of members who actually took part in
the deliberations on the issues in the case and
voted thereon.

Cases to be heard or decided en

banc
All cases involving the constitutionality of a
treaty, international or executive
agreement, or law
All other cases involving the
constitutionality, application or operation
of presidential decrees, proclamations,
orders, instructions, ordinances and other
regulations
Modifying or revision of a doctrine or
principle of law

Executive agreements
Those made purely as executive acts
affecting external relations and
independent legislative
authorizations.
- used in settlements of pecuniary
claims of citizen against foreign
countries in violation of rights
protected by treaties or by rules of
international law

 Those entered in the pursuance of

acts of Congress.
Affects internal affairs and domestic
rights
Includes tariff and postal
arrangements, visa fees, commercial
relations, and matters affecting
trademarks and copyrights and the
like.
Bell Trade Act

Article 3
Cases or matters heard by a division shall be
decided or resolved with concurrence of a
majority of members who actually took part in the
deliberations on the issues in he case and voted
thereon, and in no case, without the concurrence
of at least three of such members. When the
required number is not obtained, the case shall be
decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a
decision rendered en banc or in division may be
modified or reversed except by the court sitting
en banc

Judicial Review
Power of the SC to interpret the
Constitution and declare and
legislative/executive act invalid
because of the conflict in the
fundamental law
Derived by clear implication of the
provisions of section 4 (2,3) and
5( 2a,2b) of Article 8

Limitations of the Judicial

review
In cases involving the constitutionality of a
treaty, law, presidential decree, etc..
There must ba a concurrence of at least a
majority who took part in the deliberation
A law must be sustained unless clearly repugnant
to the constitution on view of the presumption of
validity ( Unconstitutional, validity)
The question of wisdom, propriety or necessity
Political questions are generally addressed to the
political branches and therefore are not justifiable

Justifiable vs Political Questions

Affects personal or
property rights
Does not involve
enroachment upon
the legislative or
executive power

To be decided by
the people
Delegated to the
legislative or
executive power