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Q: If the President, upon seeing an open man-hole on 2. Lack of judicially discoverable and manageable
the road, can he call the Secretary of Department of standards for resolving it;
Public Works and Highways (DPWH) to fix it? 3. Impossibility of deciding a case without an initial
determination of a kind clearly for non- judicial
A: No. the judiciary is a passive branch of the discretion; [Baker v. Carr, 369 US 186 (1962)]
government. It will not require an action not only against Prudential Type
the government but as well as against private individuals 4. Impossibility of a court’s undertaking
without a complaint or petition that is found meritorious. independent resolution without expressing lack
of the respect due coordinate branches of the
Q: On the other hand, can the Chief Justice of the government;
Supreme Court (SC), upon seeing a person stabbing 5. An unusual need for unquestioning adherence to
another, and upon reaching the SC she wrote a decision a political decision already made;
convicting the person of murder, can he do that? 6. Potentiality of embarrassment from multifarious
pronouncements by various departments.
A: No, because that the judiciary is a passive
branch of the government. Q: Political question VS. Justiciable Question
Q: What is judicial power? A: Generally, political questions are not
entertained by the courts (see the case of David v GMA
A: It is the duty of the courts of justice to settle for exceptions.) Political questions issues regarding
actual controversies involving rights which are legally matters within the full discretionary authority of a branch
demandable and enforceable (traditional concept) and of government. Justiciable questions are issues where
to determine whether or not there has been grave abuse there has been a grave abuse of discretion on the part of
of discretion amounting to lack or excess of jurisdiction a branch of government.
on the part of any branch or instrumentality of the
Government (broadened/expanded concept). Q: What is grave abuse of discretion?
Q: Why is it called broadened concept? A: It is abuse of discretion that is too patent and
gross as to amount to an evasion of a positive duty, or a
A: The courts of justice can now review what virtual refusal to perform the duty enjoined or act in
was before forbidden territory, to wit, the discretion of contemplation of law, or where the power is exercised in
the political departments of the government. Otherwise an arbitrary and despotic manner by reason of passion
stated, the courts of justice can now decide on political and persona hostility.
questions.
Q: What are lower courts?
Q: What is a political question?
A: They are all other courts below the SC. They
A: Political questions refer to those questions are the following;
which, under the Constitution, are to be decided by the
people in their sovereign capacity, or in regard to which ➔ Court of Appeals (CA);
full discretionary authority has been delegated to the ➔ Regional Trial Court (RTC);
Legislature or executive branch of the Government. ➔ Metropolitan Trial Court;
➔ Municipal Trial Court; and
Guidelines for determining whether a question is ➔ Municipal Circuit Trial Court (MCTC)
political.
Q: What are the special courts?
Textual Kind
1. A textually demonstrable constitutional 1. Court of Tax Appeals;
commitment of the issue to a political 2. Sandiganbayan; and
department; 3. Sharia courts
Functional Kind
CONSTI 1 FINALS; JUDICIAL REVIEWER | ATTY. MARIACOS M.REYES | 2
Q: Can there be a temporary Supreme Court? Supreme Court of its jurisdiction over cases enumerated
in Section 5.
A: No. As the Constitution speaks only of one
Supreme Court, it is not competent for the Legislature to Q: How are members of the Judiciary appointed?
create even a temporary Supreme Court to sit in special
cases. A: The members of the Supreme Court and
judges of lower courts shall be appointed by the
Q: What are the manifestations of the independence of President from a list of at least three (3) nominees
the Judiciary? prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation from
● The Supreme Court now has administrative the Commission on Appointments (COA).
supervision over all lower courts and their
personnel Q: What is the reason for requiring at least three
● (8) The members of the Supreme Court and all nominees for every vacancy?
lower courts have security of tenure, which
cannot be undermined by a law reorganizing the A: To give the President enough leeway in the
Judiciary. exercise of his discretion when he makes his
● The salaries of judges may not be reduced appointment. If the nominee were limited to only one, the
during their continuance in office. appointment would in effect be made by the Judicial and
● The members of the Supreme Court may not be Bar Council, with the President performing only the
removed except by impeachment. mechanical act of formalizing the commission.
● The Supreme Court alone may initiate rulesmof
court.
● The Supreme Court is a constitutional body. It Q: What are the qualifications required for members of
cannot be abolished nor may its membership or the Supreme Court or any lower collegiate court?
the manner of its meetings be changed by mere
legislation. A: The general qualification is that every member of the
● The members of the Supreme Court shall not be Judiciary be a person of proven competence, integrity,
designated to any agency performing probity, and independence.
quasi-judicial or administrative functions.
The specific qualifications are:
● The Judiciary shall enjoy fiscal autonomy.
● Only the Supreme Court may order the
1. He/she is a natural-born citizen of the
temporary assignment of judges.
Philippines;
● Supreme Court can appoint all officials and
2. He/she must be at least forty (40) years of age;
employees of the Judiciary.
and
● The Supreme Court has exclusive power to
3. He/she must have been for fifteen (15) years or
discipline judges of lower courts.
more a judge of a lower court or engage in the
● The appellate jurisdiction of the Supreme Court
practice of law in the Philippines.
may not be increased by law without its advice
and concurrence. These qualifications, having been enumerated in an
● The Supreme Court may not be deprived of its exclusive manner, may not be reduced or increased by
minimum original and appellate jurisdiction. the Congress through ordinary legislation. Thus, a
● Appointees to the Judiciary are now nominated statute requiring that the members shall hold a
by the Judicial and Bar Council (JBC) and no doctorate degree in law, while calculated to improve the
longer subject to confirmation by the stature of the Supreme Court, would still be
Commission on Appointments (COA) unconstitutional.
Q: What is the jurisdiction of the Supreme Court? But in the case of the judges of the other lower courts, it
is expressly permitted for the Congress to add to the
A: It is that which is prescribed and apportioned
constitutional qualifications, the same being only
by the Congress. But the Congress may not deprive the
minimum requirements. Thus, it is competent for the
CONSTI 1 FINALS; JUDICIAL REVIEWER | ATTY. MARIACOS M.REYES | 3
Legislature to provide for age or practice qualifications Q: What if you did not raise the constitutional question
for such judges in addition to the citizenship and in the pleading, can the constitutional question still be
professional qualification. considered in the trial?
Q: Who is the proper party? Q: What are the instances when the court can inquire
into, or take cognizance of, a moot and academic issue?
A: He/she is the one who has sustained, or will
sustain, a direct injury as a result of the operation of a 1. There is a grave violation of the Constitution;
statute. 2. The issue involved is of paramount
interest/transcendental importance;
Q: What is the test to an eligible proper party? 3. Need for jurisprudence/when the constitutional
issue raised requires formulation of controlling
A: Direct injury test principles to guide the bench, the bar, and the
public; and
Q: When is the earliest possible opportunity of raising 4. The case is capable of repetition yet evading
the constitutional question? A : It is in the pleading. review.