Court Procedures in Policy Legitimation

(Carmona, 2003)

Judiciary on its own cannot legitimize a policy; an

affected party must bring a petition before the court
challenging the validity of the policy in question

Under the Rules of Court, i.e., the rules of procedure

governing court actions - a petition can either be for
prohibition, certiorari, injunction or combination
thereof
- for mandamus, when the remedy sought is to
compel a public officer to perform a ministerial duty
 Policy legitimation

The Rules specify the requirements, incl the

forms and period, in the filing of a petition.
- failure of the petitioner to comply with any of
the requirements is a sufficient ground for the
dismissal of the petition
- even if the petition complies with the
procedural and formal requirements, the
Court may dismiss the petition outright with
specific reasons for such dismissal
 Policy legitimation

- or it may require the respondent to file a

comment on the petition within 10 days
from notice

a. for petitions involving the

constitutionality of policies, or the
validity of their implementation, it is the
Ofc of the Solicitor General that
represent the govt or its agencies
 Policy legitimation

The petition is then raffled among the 3

divisions of the SC and assigned to a justice
for initial study
- each division has 5 justices headed by a
chairman
- During its pendency, the division hearing the
petition may call the parties and their counsel
to a preliminary conference to:
a. Consider the possibility of an amicable
settlement, except when the case is not
allowed by law to be compromised
 Policy legitimation

b. define, simplify and clarify the issues

for determination
c. formulate stipulations of facts and
admissions of documentary exhibits,
etc.
d. take up such matters, which may aid
the court in prompt disposition of the
case
 Policy legitimation

At its own instance or upon motion of a

party, the court may hear the parties in
oral argument on the merits of the
petition, or any material incident thereto

In some instances, the Court may call

upon amicus curiae to assist it in highly
complicated disputes
 Policy legitimation

When the parties submit the case for

decision, judgment is rendered by the
members of the Court who participated in
the deliberation on the merits of the case
before its assignment to a member for the
writing of the decision

The decision is then promulgated and

furnished to the parties, who may file a
motion for reconsideration.
 Policy legitimation

Once the decision becomes final and

executory, it is published in the
Philippine Reports, the Official Gazette
and the website of the SC.

There are also private organizations that

publish SC decisions including the
Central Book Supply and the CD Asia
(in CD form).