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sustain DIRECT INJURY as a result of the governmental act - when the power of the Congress is encroached
that is being challenged. upon by other department. [kahit isang
congressman lang]
The term “interest” means a material interest, an
interest in issue affected by the decree, as distinguished ASSOCIATIONAL STANDING. When directly injured yung mga
from mere interest in the question involved, or a
members of the Association.
mere incidental interest. The gist of the question of
standing is whether a party alleges such personal
- REQUISITE: (Members passes DIRECT INJURY TEST)
stake in the outcome of the controversy as to assure [KMU case pass) [IBP case failed]
that concrete adverseness which sharpens the - REQUISITE: (Association must be registered in SEC)
presentation of issues upon which the court depends for
illumination of difficult constitutional questions. MEMBER OF THE BAR STANDING. When directly injured ang
association INTEGRATED BAR OF THE PHILIPPINES
CITIZEN STANDING. for concerned citizens, there must be a
PARAMOUNT PUBLIC INTEREST. Even as a party may not have
showing that the issues raised are of transcendental
the legal standing to bring the suit, the Supreme Court has
importance which must be settled early; + environmental
brushed aside technicalities of procedure particularly
cases
when the Constitutional question raised are of paramount
- Rights are affected
public interest or transcendental importance.
CITIZEN STANDING. When suing as a citizen, the interest of the
Requisites/must be established:
petitioner assailing the constitutionality of a statute must
1. the character of the funds or other assets involved in
be direct and personal.
the case
2. the presence of a clear case of a constitutional or
He must be able to show not only that the law or any
statutory prohibition by the public respondent
government act is invalid, but also that he sustained or in
agency or instrumentality of government
imminent danger of sustaining some direct injury as a
3. the lack of any other party with a more direct and
result of its enforcement.
specific interest in raising the question being raised
When the proceeding involves the assertion of a public right, ---------------------------------------------------------
the mere fact that he is a citizen satisfies the requirement 3. EARLIEST OPPORTUNITY. Constitutional question should be
of personal interest. raised in the pleadings. It may not be raised in trial, and if not
raised before the trial court it will not be considered on
appeal. Exception: in civil cases, even if raised for the first
Requisites for Citizen’s Suit Challenging Constitutionality time on appeal, if it appears that the determination of the
1. the petitioner must have suffered an “injury in fact” question is necessary to the decision of the case
of an actual or imminent nature (Direct Injury Test)
2. there must be a causal connection between the
WHEN TO RAISE CONSTITUTIONALITY
injury and the conduct complained of
· at the earliest possible opportunity – i.e. in the
3. the injury is likely to be redressed by a favorable
pleading
action by the court · it may be raised by the opposition of the case
· it may be raised in a motion for reconsideration / new
Two requisite for Assertion of Public Right/ Mandamus trial in the lower court; or
1. enforcement of a public right · in criminal cases – at any stage of the proceedings or on
2. espoused by a Filipino citizen appeal
· in civil cases, where it appears clearly that a
determination of the question is necessary to a
VOTER STANDING. there must be a showing of obvious decision, and in cases where it involves the jurisdiction of
interest in the validity of the election law in question the court below
---------------------------------------------------------
TAXPAYER’S STANDING. A taxpayer has sufficient interest in
4. LIS MOTA OF THE CASE. NECESSITY OF DECIDING THE
preventing the illegal (wastful) expenditure of public funds
CONSTITUTIONALITY. The court should not pass upon a
and may therefore question the constitutionality of
question of constitutionality, although properly presented, if
statutes requiring expenditure of public money. Petitioner
the case can be disposed of on some other ground.
must prove that he has sufficient interest in preventing the
illegal expenditure and that he would sustain an injury.
What further constrains this Court from touching on the issue
[even if your not paying income tax, but you pay VAT in
of constitutionality is the fact that this issue is not the lis mota
every purchase]
of this case. Lis motaliterally means "the cause of the suit or
- the law always have this provision about “for
action"; it is rooted in the principle of separation of powers
approriation thereof”, meaning they disburse funds
and is thus merely an offshoot of the presumption of validity
of the government
accorded the executive and legislative acts of our coequal
branches of the government. This means that the petitioner
LEGISLATIVE STANDING. An act of the Executive that injures
who claims the unconstitutionality of a law has the burden of
the institution of Congress causes a derivative but
showing first that the case cannot be resolved unless the
substantial injury that can be questioned by any member
disposition of the constitutional question that he raised is
of Congress. there must be a claim that the official action
unavoidable.
complained of infringes upon their prerogatives as
legislators. ---------------------------------------------------------
Effect of Declaration of Unconstitutionality
• _
1. Orthodox View. An unconstitutional act is not a law. before the court whose activities are constitutionally
It confers no rights, imposes no duties, affords no protected
protection, and creates no office… as if it had never
been passed. OVERBREADTH VOID FOR VAGUENESS
2. Modern View. The court does not annul or repeal
the statute if it finds the same in conflict with the WORDS PARAMETERS
Constitution, it simply refuses to recognize the law
and determines the rights of the parties as if the
statute had no existence.
AS APPLIED CHALLENGE ON ITS FACE CHALLENGE
INVALIDITY DUE TO CHANGE OF CONDITIONS Rule 64, Section 3 of the Rules of Court
· Emergency laws
· It is deemed valid at the time of its enactment as an SECTION 3. Notice to Solicitor general. – In any action
exercise of police power
which involves the validity of a statute, or executive order
· It becomes invalid only because the change of
conditions makes its continued operation violative of the or regulation, the Solicitor general shall be notified by the
Constitution, and accordingly, the declaration of its nullity party attacking the statute, executive order or regulation,
should only affect the parties involved in the case and its and shall be entitled to be heard upon such question.
effects applied prospectively
---------------------------------------------------------
POLITICAL QUESTION
NOT UNCONSTITUTIONAL CONSTITUTIONAL connotes, in legal parlance, a question of policy in matters
concerning the government of a State, as a body politic.
= voidable in the future but = declaration of is
as of now still Constitutional. constitutional.
[kasi maaring mahina yung "In other words, in the language of Corpus Juris Secundum
abogado nag file] (supra), it refers to "those questions which, under the
Constitution, are to be decided by the people in their
--------------------------------------------------------- sovereign capacity, or in regard to which full discretionary
FACIAL CHALLENGE. A party can question the validity of a
statute only if, as applied to him, it is unconstitutional.
authority has been delegated to the Legislature or executive
[intellectual liberty question]. branch of the government." It is concerned with issues
dependent upon the wisdom, not legality, of a particular
Exception: Even though as applied to him it not measure."
unconstitutional, but it might be if applied to others not
• _
laying down his judgment. And in doing so, he should also
guard against torpidity lest his pronouncements excite no
more fascination than a technical tract on the values of
Francisco v. Permskul horse manure as a fertilizer. A little style will help liven the
“MEASURES OF VALIDITY” opinion trapped in the tortuous lexicon of the law with all
its whereases and wherefores. A judicial decision does not
#MEMORANDUM DECISION (i.e. copy pasting) have to be a bore.
1. Cannot incorporate the findings of fact and the
conclusions of law of the lower court only by remote The interpretation we make today will not apply
reference, which is to say that the challenged decision is retroactively to the memorandum decision rendered by
not easily and immediately available to the person the regional trial court in the case at bar, or to the decision
reading the memorandum decision. [me: citation is key] of the respondent court such decision on the strength of
Romero v. Court of Appeals. As earlier observed, there
- EXCEPTION: For the incorporation by reference to was substancial compliance with Section 40 because of
be allowed, it must provide for direct access to the direct availability and actual review of the decision of
the facts and the law being adopted, which must Judge Balita incorporated by reference in the
be contained in a statement attached to the said memorandum decision of Judge de la Rama. The
decision. In other words, the memorandum memorandum decision as then understood under the
decision authorized under Section 40 of B.P. Blg. Romero decision was a valid act at the time it was
129 should actually embody the findings of fact rendered by Judge de la Rama and produced binding
and conclusions of law of the lower court in an legal effect. We also affirm the finding of the respondent
annex attached to and made an indispensable court that the summary judgment without a formal trial
part of the decision. was in accord with the Rule on Summary Procedure and
- It is expected that this requirement will allay the that the award of attorney's fees is not improper.
suspicion that no study was made of the decision
of the lower court and that its decision was Henceforth, all memorandum decisions shall comply with
merely affirmed without a proper examination of the requirements herein set forth both as to the form
the facts and the law on which it was based. prescribed and the occasions when they may be
rendered. Any deviation will summon the strict
- The proximity at least of the annexed statement enforcement of Article VIII, Section 14 of the Constitution
should suggest that such an examination has and strike down the flawed judgment as a lawless
been undertaken. It is, of course, also understood disobedience.
that the decision being adopted should, to begin
with, comply with Article VIII, Section 14 as no
amount of incorporation or adoption will rectify its 2. REQUIREMENT: CONSULTATION AND CERTIFICATION
violation.
- [SC] Reason : To act as a collegiate body and the decision
2. The Court finds it necessary to emphasize that the be issued by the Court itself, not the ponente. The writer is
memorandum decision should be "sparingly used" merely a spokesman of the body.
(restricted/infrequent) lest it become an addictive excuse
for judicial sloth. It is an additional condition for its validity - LOWER COURT: Bernas: applies also to intermediate
that this kind of decision may be resorted to only in cases
appellate courts. The certification will be as the fact of
where the facts are in the main accepted by both parties
having had consultation and of having assigned the writing
or easily determinable by the judge and there are no
doctrinal complications involved that will require an of the outcome of the consultation to a Justice, although, in
extended discussion of the laws involved. The order to protect the independence of the Justice assigned,
memorandum decision may be employed in simple his name is not identified in the certification.
litigations only, such as ordinary collection cases, where
the appeal is obviously groundless and deserves no more
than the time needed to dismiss it. Section 13. The conclusions of the Supreme Court in any
- Despite the convenience afforded by the case submitted to it for the decision en banc or in division
memorandum decision, it is still desirable that the shall be reached in consultation before the case the case
appellate judge exert some effort in restating in his own assigned to a Member for the writing of the opinion of the
words the findings of fact of the lower court and Court. A certification to this effect signed by the Chief
presenting his own interpretation of the law instead of Justice shall be issued and a copy thereof attached to the
merely parroting the language of the court a quo as if he record of the case and served upon the parties. Any
cannot do any better. Member who took no part, or dissented, or abstained from
a decision or resolution must state the reason therefor.
3. As much as possible write one one's own. There must be
The same requirements (plural) shall be observed by all
less intellectual indolence and more pride of authorship in
the writing of a decision, especially if it comes from an lower collegiate court.
appellate court.
1. Shall be reached in CONSULTATION to the SC en banc
4. The appellate judge should prune the cluttered record 2. CERTIFICATION signed by the CHIEF JUSTICE for that
to make the issues clearer. He cannot usually do this by decision, signifying the assignment of writing it and the act
simply mimicking the lower court. He must use his own of consultation itself
perceptiveness in unraveling the rollo and his own
discernment in discovering the law.
5. No less importantly, he must use his own language in CONSEQUENCE
• _
- There is a presumption of consultation because the references to the record;
regular performance of duty, which the assignment of
writing the decision, is presumed. [RULE 131] (e) A clear and concise statement of the issues of fact or
law to be submitted to the court for its judgment;
- The lack of certification at the end of the decision would (f) Under the heading "Argument," the appellant's
arguments on each assignment of error with page
only serve as evidence of failure to observe the
references to the record. The authorities relied upon shall
certification requirement and may be the basis for holding
be cited by the page of the report at which the case
the official responsible for the omission of the account begins and the page of the report on which the citation is
thereof. Consing v. CA found;
- CONSEQUENCE Such absence of certification would not
have the effect of invalidating the decision. Consing v. CA (g) Under the heading "Relief," a specification of the order
or judgment which the appellant seeks; and
3. REQUIREMENT: STATE REASONS FOR NON-VOTE (h) In cases not brought up by record on appeal, the
appellant's brief shall contain, as an appendix, a copy of
Section 13. Any Member who took no part, or dissented, or
the judgment or final order appealed from.
abstained from a decision or resolution must state the
reason therefor.
4. REQUIREMENT: PERIOD FOR DECIDING CASES
- It is further required to include the REASONS of the justices
Section 15.
who 1. All cases or matters filed after the effectivity of this
- (a) took no part, Constitution must be decided or resolved within
- (b) dissented, or twenty-four months from date of submission for
- (c) abstained from the resolution/decision the Supreme Court, and, unless reduced by the
Supreme Court, twelve months for all lower
- Those who inhibited themselves are, of course, not required collegiate courts, and three months for all other
to vote, since they did not really participate. lower courts.
- Procedurally, the purpose is to enable the party to find out 2. A case or matter shall be deemed submitted for
the reason behind the action taken. decision or resolution upon the filing of the last
- For courts lower than the SC, or even the SC itself, this is pleading, brief, or memorandum required by the
important for appeal or MR purposes, as the basis for the Rules of Court or by the court itself.
assignment of error.
Assignment of error is the specification of the trial court's PERIODS
alleged errors on which the appellant relies in seeking an - 24 months for the SC
appellate court's reversal, vacation, or modification of an
adverse judgment. Trial court's alleged error is pointed out
- exception: When a petition is filed by a citizen to
in an appellate brief as grounds for reversal. question the sufficiency or the factual basis for
the suspension of the privilege of the writ of
habeas corpus or the proclamation of martial
Section 13, Rule 44 of the Revised Rules of Court governs law which must be resolved within 30 days of
the format to be followed by the appellant in drafting his
filing.
brief, as follows:
- 12 months for all lower collegiate courts (CA, CTA)
Contents of appellant's brief. — The appellant's brief shall - 3 months for all other lower courts (Sandigan bayan
contain, in the order herein indicated, the following: here, for being a trial court)
(a) A subject index of the matter in the brief with a digest - SC has constitutional power to REDUCE the periods.
of the arguments and page references, and a table of PERIOD BEGINS
cases alphabetically arranged, textbooks and statutes - From the date of submission, whcih means according to
cited with references to the pages where they are cited;
the second paragraph. “upon filing of the last pleading,
(b) An assignment of errors intended to be urged, which brief, or memorandum required by the Rules of Court or
errors shall be separately, distinctly and concisely stated by the Court itself.”
without repetition and numbered consecutively;
(c) Under the heading "Statement of the Case," a clear CONSEQUENCES OF LAPSE
and concise statement of the nature of the action, a - Periods are mandatory
summary of the proceedings, the appealed rulings and
-failure to comply can subject SC Justice to
orders of the court, the nature of the judgment and any
other matters necessary to an understanding of the nature impeachment for culpable violation of the constitution
of the controversy, with page references to the record; - a lower court justice or judge will be subject to
disciplinary action
(d) Under the heading "Statement of Facts," a clear and
concise statement in a narrative form of the facts - PROSPECTIVE CONSEQUENCES: Only applies to cases
admitted by both parties and of those in controversy, filed after the effectivity of 1987 Constitution.
together with the substance of the proof resulting thereto
in sufficient detail to make it clearly intelligible, with page
• _
- There is NO AUTOMATIC AFFIRMANCE of the appealed is a decision based on e.g. a petition for habeas
decision. (as opposed to 1973 Consti provision) evidence rather than on corpus is not a decision on
technical or procedural the merits, but is similar to a
ARTICLE XVIII TRANSITORY PROVISIONS grounds. dismissal of a petition for
Section 12. The Supreme Court shall, within one year review, which is a decision
after the ratification of this Constitution, adopt a “DISMISSED FOR LACK OF not to give due course to
systematic plan to expedite the decision or resolution MERITS”
the petition
of cases or matters pending in the Supreme Court or
the lower courts prior to the effectivity of this
HISTORY: “Dismissed for lack There is no need to state
Constitution. A similar plan shall be adopted for all of merit” pre-1987 practice legal basis for denials on
special courts and quasi-judicial bodies. enraged lawyers who minute resolutions resolving
spend countless hours incidental matters. [U.S.
Section 13. The legal effect of the lapse, before the preparing pages of briefs. practice to unclog the
ratification of this Constitution, of the applicable period heavy judicial docket]]
for the decision or resolution of the cases or matters 1987 onwards, if it is
submitted for adjudication by the courts, shall be dismissed for lack of merits, There is no need to state
determined by the Supreme Court as soon as the Court is now required to legal basis for denials on
practicable. provide legal reason for minute resolutions resolving
such. incidental matters.
Below is acceptable in denying an MR:
“FOUND NO REASON TO CHANGE ITS RULING BECAUSE
PETITIONER HAD NOT RAISED ANYTHING NEW”
CERTIFICATION OF EXPIRATION
Section 15. - The rule only applies to the “DISMISSAL” of MRs of a decision
3. Upon the expiration of the corresponding period, on the merits. The need to state the legal basis arises from the
a certification to this effect signed by the Chief fact that denial of review or reconsideration affects the
Justice or the presiding judge shall forthwith be subject matter of the merits of the case.
issued and a copy thereof attached to the record - exception: It does not apply to a dismissal of a MR of
of the case or matter, and served upon the an incidental matter.
parties. The certification shall state why a decision
---------------------------------------------------------
or resolution has not been rendered or issued
within said period. D PRESIDENTIAL ELECTORAL TRIBUNAL
4. Despite the expiration of the applicable
mandatory period, the court, without prejudice to
such responsibility as may have been incurred in ARTICLE VII EXECUTIVE DEPARTMENT
consequence thereof, shall decide or resolve the Section 4 (7). The Supreme Court, sitting en banc, shall be
case or matter submitted thereto for the sole judge of all contests relating to the election,
determination, without further delay. returns, and qualifications of the President or
Vice-President, and may promulgate its rules for the
purpose.
- a heavy case load or poor health may allow a judge
some extension but only when judge concerned - Before the proclamation by Congress of the winner,
Congress is the judge for any electoral issues.
requested reasonable extensions
- After the proclamation, when there is an electoral contest
already, then the SC becomes the sole judge.
- While the Congress acts as the National Board of
---------------------------------------------------------
Canvassers for the Presidential election, the SC acts as the
C PETITIONS FOR REVIEW AND MOTIONS FOR ELECTORAL TRIBUNAL for such election.
RECONSIDERATION
Section 14. No decision shall be rendered by any court
without expressing therein clearly and distinctly the facts REPUBLIC ACT No. 1793
and the law on which it is based.
AN ACT CONSTITUTING AN INDEPENDENT PRESIDENTIAL
No petition for review or motion for reconsideration of a ELECTORAL TRIBUNAL TO TRY, HEAR AND DECIDE PROTESTS
decision of the court shall be refused due course or denied CONTESTING THE ELECTION OF THE PRESIDENT-ELECT AND
without stating the legal basis therefor. THE VICE-PRESIDENT-ELECT OF THE PHILIPPINES AND
PROVIDING FOR THE MANNER OF HEARING THE SAME.
CONSEQUENCE OF FAILURE
- Case https://www.lawphil.net/statutes/repacts/ra1957/ra_1793_
1957.html
- The rule does not require a statement of facts and an
accompanying reasoning of the applicable law. (fact+legal ELEVEN MEMBERS: It shall be composed of the Chief
basis) Justice and the other ten members of the Supreme Court.
- Instead, a legal basis for denying due course. (denial
reasons + legal basis)
Decision on the merits Resolving Incidental
matters LEGISLATIVE INTENT: JOURNAL:
• _
Are we not giving enormous work to the Supreme Court
especially when it is directed to sit en banc as the sole
judge of all presidential and vice-presidential election
contests?
MR. SUAREZ. If the election contest proved to be long,
burdensome and tedious, practically all the time of the
Supreme Court sitting en banc would be occupied with it
considering that they will be going over millions and
millions of ballots or election returns, Madam President.
CODALS: BLANK
XXXXXX
FR. BERNAS. Precisely, this is necessary. Election contests
are, by their nature, judicial. Therefore, they are
cognizable only by courts. If, for instance, we did not have
a constitutional provision on an electoral tribunal for the
Senate or an electoral tribunal for the House, normally, as
composed, that cannot be given jurisdiction over
contests.
LEGISLATIVE INTENT: JOURNAL:
MR. SUAREZ. Thank you. Let me proceed to line 23, page 2,
wherein it is provided, and I quote:
The Supreme Court, sitting en banc[,] shall be the sole
judge of all contests relating to the election, returns and
qualifications of the President or Vice-President.1avvphi1
Are we not giving enormous work to the Supreme Court
especially when it is directed to sit en banc as the sole
judge of all presidential and vice-presidential election
contests?
xxx
MR. SUAREZ. If the election contest proved to be long,
burdensome and tedious, practically all the time of the
Supreme Court sitting en banc would be occupied with it
considering that they will be going over millions and
millions of ballots or election returns, Madam President.
[IMPLIED LEGISLATIVE INTENT for the necessity of the
creation of PET]
• _
(5) Provide a forum for the discussion of law, jurisprudence,
law reform, pleading, practice and procedure, and the
relations of the Bar to the Bench and to the public, and
publish information relating thereto;
(6) Encourage and foster legal education;
(7) Promote a continuing program of legal research in
substantive and adjective law, and make reports and
recommendations thereon; and
(8) Enable the Bar to discharge its public responsibility
effectively.
Integration of the Bar will, among other things, make it
possible for the legal profession to:
(1) Render more effective assistance in maintaining the
Rule of Law;
(2) Protect lawyers and litigants against the abuse of
tyrannical judges and prosecuting officers;
(3) Discharge, fully and properly, its responsibility in the
disciplining and/or removal of incompetent and unworthy
judges and prosecuting officers;
(4) Shield the judiciary, which traditionally cannot defend
itself except within its own forum, from the assaults that
politics and self-interest may level at it, and assist it to
maintain its integrity, impartiality and independence;
(5) Have an effective voice in the selection of judges and
prosecuting officers;
(6) Prevent the unauthorized practice of law, and break
up any monopoly of local practice maintained through
influence or position;
(7) Establish welfare funds for families of disabled and
deceased lawyers;
(8) Provide placement services, and establish legal aid
offices and set up lawyer reference services throughout
the country so that the poor may not lack competent
legal service;
(9) Distribute educational and informational materials that
are difficult to obtain in many of our provinces;
(10) Devise and maintain a program of continuing legal
education for practising attorneys in order to elevate the
standards of the profession throughout the country;
(11) Enforce rigid ethical standards, and promulgate
minimum fees schedules;
(12) Create law centers and establish law libraries for legal
research;
(13) Conduct campaigns to educate the people on their
legal rights and obligations, on the importance of
preventive legal advice, and on the functions and duties
of the Filipino lawyer; and
(14) Generate and maintain pervasive and meaningful
country-wide involvement of the lawyer population in the
solution of the multifarious problems that afflict the nation.
- The bar does not compel the lawyer to associate with
anyone. He is free to attend or not attend the meetings of his
Integrated Bar Chapte or vote or refuse to vote in its
elections as he chooses.
- The only compulsion is the payment of annual dues.
---------------------------------------------------------
• _
JUDICIAL INDEPENDENCE (FISCAL With these guarantees, justices and judges can administer
AUTONOMY) justice undeterred by any fear of reprisals brought on by
their judicial action. They can act inspired solely by their
--------------------------------------------------------- knowledge of the law and by the dictates of their
ARTICLE VIII JUDICIAL DEPARTMENT
conscience, free from the corrupting influence of base or
Section 3. The Judiciary shall enjoy fiscal autonomy. unworthy motives.
Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the All of these constitutional provisions were put in place to
previous year and, after approval, shall be automatically strengthen judicial independence, not only by clearly
and regularly released..
stating the Court’s powers, but also by providing express
limits on the power of the two other branches of
government to interfere with the Court’s affairs.
As envisioned in the Constitution, the fiscal autonomy
enjoyed by the
- Judiciary,
- the Civil Service Commission, SCOPE AND EXTENT OF FISCAL AUTONOMY
- the Commission on Audit,
- the Commission on Elections, and 1. It recognizes the power and authority to
- the Office of the Ombudsman
- contemplates a guarantee of full - levy, assess and collect fees,
flexibility to allocate and utilize their - fix rates of compensation not exceeding the
resources with the wisdom and dispatch highest rates authorized by law for compensation
that their needs require. and
- pay plans of the government and
- allocate and disburse such sums as may be
provided by law or prescribed by them in the
CONSTITUTIONAL PROVISIONS FOR JUDICIAL course of the discharge of their functions.
INDEPENDENCE
2. Fiscal autonomy means freedom from outside control.
[If the Supreme Court says it needs 100 typewriters but
1. The Constitution expressly prohibits Congress from DBM rules we need only 10 typewriters and sends its
depriving the Supreme Court of its jurisdiction, as recommendations to Congress without even informing us,
enumerated in Section 5, Article VII of the Constitution [is the autonomy given by the Constitution becomes an
this type maybe VIII??], or from passing a law that empty and illusory platitude.]
undermines the security of tenure of the members of the
3. The imposition of restrictions and constraints on the
judiciary.
manner the independent constitutional offices allocate
and utilize the funds appropriated for their operations is
anathema to fiscal autonomy and violative not only of the
ARTICLE VI THE LEGISLATIVE DEPARTMENT express mandate of the Constitution but especially as
Section 30. No law shall be passed increasing the regards the Supreme Court, of the independence and
appellate jurisdiction of the Supreme Court as provided separation of powers upon which the entire fabric of our
in this Constitution without its advice and concurrence. constitutional system is based.
4. Pursuant to the Constitutional mandate, the Judiciary
must enjoy freedom in the disposition of the funds
ARTICLE VIII JUDICIAL DEPARTMENT allocated to it in the appropriations law. It knows its
Section 2. The Congress shall have the power to define, priorities just as it is aware of the fiscal restraints. The Chief
Justice must be given a free hand on how to augment
prescribe, and apportion the jurisdiction of the various
appropriations where augmentation is needed.
courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when ARTICLE VII
it undermines the security of tenure of its Members.
Section 25(5) No law shall be passed authorizing any
transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of
2. The Constitution also mandates that the judiciary shall Representatives, the Chief Justice of the Supreme
enjoy fiscal autonomy, and grants the Supreme Court Court, and the heads of Constitutional Commissions
administrative supervision over all courts and judicial may, by law, be authorized to augment any item in the
personnel. general appropriations law for their respective offices
from savings in other items of their respective
appropriations.
3. Jurisprudence has characterized administrative
supervision as exclusive, noting that only the Supreme
Court can oversee the judges and court personnel's 5. The Court’s declarations in Bengzon make it clear that
compliance with all laws, rules and regulations. No other the grant of fiscal autonomy to the Judiciary is more
extensive than the mere automatic and regular release of
branch of government may intrude into this power,
its approved annual appropriations;31 real fiscal
without running afoul of the doctrine of separation of autonomy covers the grant to the Judiciary of the
powers. authority to use and dispose of its funds and properties at
will, free from any outside control or interference.
4. The Constitution protects as well the salaries of the
Justices and judges by prohibiting any decrease in their 6. The Judiciary’s fiscal autonomy is realized through the
actions of the Chief Justice, as its head, and of the
salary during their continuance in office, and ensures their Supreme Court En Banc, in the exercise of administrative
security of tenure by providing that "Members of the control and supervision of the courts and its personnel.
Supreme Court and judges of lower courts shall hold office
during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of
their office."
• _
--------------------------------------------------------- President shall receive an annual salary of three hundred
PROHIBITION OF NON-JUDICIAL WORK thousand pesos; the Vice-President, the President of the
Senate, the Speaker of the House of Representatives, and
ARTICLE VIII JUDICIAL DEPARTMENT the Chief Justice of the Supreme Court, two hundred forty
Section 12. The Members of the Supreme Court and of thousand pesos each; the Senators, the Members of the
other courts established by law shall not be designated to House of Representatives, the Associate Justices of the
any agency performing quasi-judicial or administrative Supreme Court, and the Chairmen of the Constitutional
function. Commissions, two hundred four thousand pesos each; and
the Members of the Constitutional Commissions, one
hundred eighty thousand pesos each.
- SC and its members should not and cannot be required:
- to exercise any power,
- or perform any trust, - Confirmation by the Commission on Appointments is no
- or to assume any duty not pertaining to or longer required.
connected with administering judicial functions. - May not be decreased immediately but may be
- No judge of even the lowest court be allowed to do so INCREASED at once.
- imposition of income tax on the salary of justices and judges
The fundamental advantages and the necessity of the is not a diminution of their salary as prohibited by the
independence of said three departments from each other, Constitution.
limited only by the specific constitutional precepts on check
and balance between and among them, have long been IMPOSITION OF INCOME TAX ALLOWED
acknowledged as more paramount than the serving of any
temporary or passing governmental conveniences or NITAFAN V. COMMISSIONER OF INTERNAL REVENUE
exigencies. It is thus of grave importance to the judiciary
under our present constitutional scheme of government that The debates, interpellations and opinions expressed
no judge of even the lowest court in this Republic should regarding the constitutional provision in question until it
place himself in a position where his actuations on matters was finally approved by the Commission disclosed that the
submitted to him for action or resolution would be subject to true intent of the framers of the 1987 Constitution, in
review and prior approval and, worst still, reversal, before adopting it, was to make the salaries of members of the
they can have legal effect, by any authority other than the Judiciary taxable. The ascertainment of that intent is but in
Court of Appeals or this Supreme Court, as the case may be. keeping with the fundamental principle of constitutional
Needless to say, this Court feels very strongly that it is best construction that the intent of the framers of the organic
that this practice is discontinued. [Garcia v. Macaraig] [me: law and of the people adopting it should be given effect.
because of a judge will be under the power of other
departments, it is more likely they would ask favors that can With the foregoing interpretation, and as stated
blindside the judge’s duty in the Courts] heretofore, the ruling that "the imposition of income tax
--------------------------------------------------------- upon the salary of judges is a dimunition thereof, and so
APPOINTMENT AND VACANCIES violates the Constitution" in Perfecto vs. Meer,13 as
affirmed in Endencia vs. David 14 must be declared
discarded. The framers of the fundamental law, as the
Section 9. The Members of the Supreme Court and judges alter ego of the people, have expressed in clear and
of lower courts shall be appointed by the President from a unmistakable terms the meaning and import of Section 10,
list of at least three nominees preferred by the Judicial and Article VIII, of the 1987 Constitution that they have
Bar Council for every vacancy. Such appointments need adopted Stated otherwise, we accord due respect to the
no confirmation. intent of the people, through the discussions and
deliberations of their representatives, in the spirit that all
For the lower courts, the President shall issued the citizens should bear their aliquot part of the cost of
appointment within ninety days from the submission of the maintaining the government and should share the burden
list. of general income taxation equitably.
- Confirmation by the Commission on Appointments is no
longer required.
---------------------------------------------------------
TENURE
Section 4(1) The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices. It may sit en Section 11. The Members of the Supreme Court and judges
banc or in its discretion, in division of three, five, or seven of the lower court shall hold office during good behavior
Members. Any vacancy shall be filled within ninety days until they reach the age of seventy years or become
from the occurrence thereof. incapacitated to discharge the duties of their office.
--------------------------------------------------------- The Supreme Court en banc shall have the power to
SALARY discipline judges of lower courts, or order their dismissal by
a vote of majority of the Members who actually took part
Section 10. The salary of the Chief Justice and of the in the deliberations on the issues in the case and voted in
Associate Justices of the Supreme Court, and of judges of thereon.
lower courts shall be fixed by law. During the continuance
in office, their salary shall not be decreased.
Section 2. The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the various
ARTICLE XVIII TRANSITORY PROVISIONS
courts but may not deprive the Supreme Court of its
Section 17. Until the Congress provides otherwise, the
• _
jurisdiction over cases enumerated in Section 5 hereof. No in the deliberations on the issues in the case and voted in
law shall be passed reorganizing the Judiciary when it thereon.
undermines the security of tenure of its Members. - Can be done by SC en banc (vote of majority)
---------------------------------------------------------
- Only the lowers courts may be reorganized. As the SC,
being a constitutional creation, may not be reorganized by
Congress
- OCAMPO V. SECRETARY OF JUSTICE: The supreme Court
sustained validity of the law passed by Congress abolishing
the offices of “cadastral judges” or “judge at large”. An
abolition of an office and removal of the judges occupying
that office post, does not violate security of tenure.
SECURITY OF TENURE
- presupposes the continued existence of the office from
which one was removed, not removal from an office that
has been abolished in good faith and not for merely
partisan political reasons.
---------------------------------------------------------
REMOVAL
ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS
Section 2. The President, the Vice-President, the Members
of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from
office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust.
All other public officers and employees may be removed
from office as provided by law, but not by impeachment.
- A Supreme Court justice cannot be removed except by
impeachment.
- A Supreme Court justice cannot be charged in a criminal
case or a disbarment proceeding, because the ultimate
effect of either is to remove him from office, and thus,
circumvent the provision on impeachment. [during the
incumbency of such public officer]
- It is important to make clear that the Court is not
here saying that its Members or the other
constitutional officers we referred to above are
entitled to immunity from liability for possibly criminal
acts or for alleged violation of the Canons of
Judicial Ethics or other supposed misbehaviour.
What the Court is saying is that there is a
fundamental procedural requirement that must be
observed before such liability may be determined
and enforced. A Member of the Supreme Court
must first be removed from office via the
constitutional route of impeachment under Sections
2 and 3 of Article XI of the 1987 Constitution. [before
any disbarment or criminal prosecution]
REMOVAL OF LOWER COURTS
Section 11b
The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by
a vote of majority of the Members who actually took part
• _
retired Justice for two years, and the representative of the
JUDICIAL AND BAR COUNCIL private sector for one year.
--------------------------------------------------------- 4. The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme
WHO ARE THE MEMBERS OF THE JBC? Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.