Political Law (Constitutional Law) – Article IX
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS
Section 1. Constitutional Commissions
Independent Constitutional Commissions:
1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their integrity is protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.
Section 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies, instrumentalities, including GOCC’s and their subsidiaries.
Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. RULES OF PROCEDURE
Procedures:
1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of “special courts and quasi-judicial bodies.”
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL
Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission.
- COMELEC may sit en banc or in 2 divisions.
- Election cases, including pre-proclamation controversies are decided in division, with motions for reconsideration filed to the COMELEC en banc.
- The SC has held that a majority decision decided by a division of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.
Enforcement:
- It has been held that the CSC can issue a writ of execution to enforce judgments which are final.
THE CIVIL SERVICE COMMISSION
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1) Chairman
2) Commissioners – 2 commissioners
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding their appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation
Term:
1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope:
The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1.”With Original Charter” means that the GOCC was created by special law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
Appointments to civil service shall be:
A. Competitive positions
- According to merit and fitness to be determined by competitive examinations, as far as practicable except to positions which are policy-determining, primarily confidential, or highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining – formulate a method of action for the gov’t
b) Primarily confidential – more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust…
c) Highly technical – requires technical skill to a superior degree.
C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
- While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank.
Tenure (Classification of Positions)
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Career Service
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Non-Career Service
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1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications.
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1. Entrance on bases OTHER than usual tests of merit and fitness.
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2. Entitled to security of tenure
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1. Tenure limited to:
a) Period specified by law,
b) Coterminous with the appointing authority or subject to his pleasure, or
c) Limited to the duration of a particular project for which purpose the employment was made.
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3. With opportunity for advancement to higher career positions.
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Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. It guarantees both procedural and substantive due process.
2) For “LEGAL CAUSE” – Cause is:
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so long as confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure.
Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law
Temporary employees are covered by the following rules:
1). Not protected by security of tenure – can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.
No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Sections 6-7. DISQUALIFICATION
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries.
b). Period of disqualification: One (1) year after such election.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
- Examples:
- The Vice President may be appointed Cabinet member
- Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his office
d). Even Congress cannot, by law, authorize the appointment of an elective official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCC’s and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions contained therein.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
B. Double - when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer
C. Indirect Compensation
2) EXCEPTION: Unless specifically authorized by law
A. “SPECIFICALLY AUTHORIZED” means a specific authority particularly directed to the officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited
3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.
THE COMMISSION ON ELECTIONS
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.”
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1 Member – 3 yrs.
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor’s term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent commissioner as acting Chairman.
b). The choice of temporary chairman falls under the COMELEC’s discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election.
1) Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
- Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. It CANNOT exercise this in connection with its purely executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs. If accepted, it is an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.
1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds, offenses and malpractices.
- COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.
- COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC
- Preliminary investigation conducted by COMELEC is valid.
2) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
3) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision.
4) Submit to the President and the congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
Section 3. RULES OF PROCEDURE/DECISION-MAKING
Rules of Procedure
1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-election controversies.
Decision-Making
1) Election cases should be heard and decided in division. Provided that,
2) Motions for reconsideration of decisions should be decided by COMELEC en banc.
3) ”Decisions” mean resolutions on substantive issues.
2) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division.
3) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers.
Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the COMELEC. It may, however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may not regulate media practitioners, for this would violate the freedom of expression.
Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.
Section 6
Definition of Political Party
- organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the party’s existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC.
Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
- Political parties, organizations, or coalitions registered under the party-list system shall NOT be represented in the following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
- Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
- This section does not give candidates immunity from suit.
- Discrimination includes unequal treatment in the availment of media facilities.
Section 11. FUNDING
How provided
1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations.
2) Funds should be certified by the COMELEC as necessary.
Release of funds
- Once approved, funds should be released automatically upon certification by the Chairman of COMELEC.
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the elections immediately preceding their appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner – 2 -3 yrs.
2) LIMITATION: – Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term.
Section 2. POWERS
1) Examine, audit, and settle accounts pertaining to:
- Revenue and receipts of funds or property; or
- Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
- The Government;
- Any of its subdivisions, agencies or instrumentalities;
- Including GOCC’s with original charters.
2) Conduct post-audit with respect to the following:
- Constitutional bodies, commissions, and offices granted fiscal autonomy;
- Autonomous state colleges and universities;
- GOCC’s and their subsidiaries incorporated under the Corporation Code.
- None-governmental entities receiving subsidies or equity, directly or indirectly, from or through the government, which are required by law of the granting of institution to submit to such audit.
3) If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
- Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.
- Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure.
Note:
1) The functions of COA can be classified as:
- Examine and audit all forms of government revenues;
- Examine and audit all forms of gov’t expenditures
- Settle gov’t accounts
- Promulgate accounting and auditing rules (including those for the prevention of irregular…expenditures.
- To decide administrative cases involving expenditures of public funds.
2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic process.
3) COA has authority not just over accountable officers but also over other officers who perform functions related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of internal rules of control.
4) COA does not have the power to fix the amount of an unfixed or undetermined debt.
5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment:
- There is a law appropriating funds for a particular purpose;
- There is a contract, made by the proper officer, entered into in conformity with the above-mentioned law;
- The goods or services covered by such contract have been delivered or rendered in pursuance to such contract, as attested by the proper officer; and
- Payment has been authorized by officials of the corresponding department or bureau.
6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. This is because COA’s interest in such accounts is merely administrative.
7) COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure when regulations require public bidding for the sale of government property.
Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations
Political Law (Constitutional Law) – Article VIII
ARTICLE VIII. THE JUDICIAL DEPARTMENT
Sec. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt to assume or be compelled to perform non-judicial functions. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties.
4. In order that courts may exercise this power, there must exist the following:
- An actual controversy with legally demandable and enforceable rights;
- Involving real parties in interest;
- The exercise of such power will bind the parties by virtue of the court’s application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
- The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable; and
- To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.
Political Questions:
1. A ‘political question’ is one the resolution of which has been vested by the Constitution exclusively in either the people, in the exercise of their sovereign capacity, or in which full discretionary authority has been delegated to a co-equal branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments.
Sec. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.
- BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution.
- Creation and abolition of courts:
- The power to create courts implies the power to abolish and even re-organize courts.
- BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary.
- If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. (same rule applies for civil servants)
Sec. 3. FISCAL AUTONOMY
- The entire judiciary shall enjoy fiscal autonomy.
- Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year.
- Once approved, appropriations shall be automatically and regularly released.
Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
- Chief Justice and
- 14 Associate Justices
Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the Philippines
4. Person of proven competence, integrity, probity and independence.
Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.
Qualifications of judges of lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.
Section 8. JUDICIAL AND BAR COUNCIL
1. The Judicial and Bar Council is under the supervision of the SC.
A. Is under the supervision of the Supreme Court and is composed of:
- Chief Justice, as ex-officio chairman
- Secretary of Justice, as an ex-officio member
- Representative of Congress, as an ex-officio member
- Representative of the Integrated Bar
- A professor of law
- A retired member of the SC; and
- Private sector representative
Note: The last four re the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, with staggered terms.
B. Functions of JBC
- Principal function: recommend appointees to the Judiciary
- Exercise such other functions as the SC may assign to it.
C. Appointments to the Judiciary
- President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC.
- No CA confirmation is needed for appointments to the Judiciary.
- Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
- Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list.
Sec. 10. SALARIES
1. Salaries of SC Justices and judges of lower courts shall be fixed by law.
2. Cannot be decreased during their continuance in office, but can be increased.
3. Members of the Judiciary are NOT exempt from payment of income tax.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
1. Members of the SC and judges of the lower courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.
Secs. 4-6, 13. THE SUPREME COURT
Hearing of cases:
- En banc; or
- Divisions of 3, 5, or 7.
Cases required to be heard en banc:
1. All cases involving constitutionality of a/an:
a. Treaty
b. International or executive agreement or
c. Law.
2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
3. All cases involving the constitutionality, application or operation of
a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
4. Cases heard by a division where required majority of 3 was not obtained.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division.
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President.
Cases heard by division
1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon.
2. Majority vote in a division should be at least 3 members.
Powers of the SC
1. SC has ORIGINAL jurisdiction over
a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.
2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
a. All cases involving the constitutionality or validity of any
- treaty
- international or executive agreement
- law
- presidential decree
- proclamation
- order
- instruction
- ordinance, or
- regulation;
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. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
e. All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning:
a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive rights.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.
Decisions of the Supreme Court:
1. Reached in consultation before being assigned to a member for the writing of the opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and theSandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it.
3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.
Effect of a declaration of unconstitutionality:
1. Prior to the declaration that a particular law is unconstitutional, it is considered as an ‘operative fact’ which at that time had to be complied with.
2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.
Sec. 14. DECISIONS
1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court, are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military tribunals.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations
