Educational and self reflection teacher evaluation: Symbiosis and Predation?
2. Desarrollo
To maintain the independence of the Judiciary, the following safeguards have been embodied in the Consti:
(1) The SC is a constitutional body. It cannot be abolished nor may its membership or the manner of its meetings be changed by mere legislation. [Art.
VIII, Sec. 4 (1)]
(2) The members of the judiciary are not subject to confirmation by the CA.
(3) The members of the SC may not be removed except by impeachment. (Art.
IX, Sec. 2.)
(4) The SC may not be deprived of its minimum original and appellate jurisdiction as prescribed in Art. X, Sec. 5 of the Consti. (Art. VIII, Sec. 2.) (5) The appellate jurisdiction of the SC may not be increased by law w/o its advice and concurrence. (Art. VI, Sec. 30.)
(6) The SC now has administrative supervision over all lower courts and their personnel. (Art. VIII, Sec. 6.)
(7) The SC has exclusive power to discipline judges of lower courts. (Art. VIII, Sec. 11.)
(8) The members of the SC and all lower courts have security of tenure, w/c cannot be undermined by a law reorganizing the judiciary. (Id.)
(9) They shall not be designated to any agency performing quasi-judicial or administrative functions. (Art. VIII, Sec. 12.)
(10) The salaries of judges may not be reduced during their continuance in office. (Art. VIII, Sec. 10.)
(11) The judiciary shall enjoy fiscal autonomy. (Art. VIII, Sec. 3.) (12) The SC alone may initiate rules of court. [Art. VIII, Sec. 5 (5).]
(13) Only the SC may order the temporary detail of judges. [Art. VIII, Sec. 5 (3)]
(14) The SC can appoint all officials and employees of the judiciary. [Art. VIII, Sec. 5 (6)]
(1) Composition
Art. VIII, Sec. 4. (1) The Supreme Court shall be composed of a Chief Justice and 14 Associate Justices. It may sit en banc or its discretion, in divisions of 3, 5, or 7 Members. Any vacancy shall be filled within 90 days from the occurrence thereof….
*The Supreme Court is a constitutional body. As such it cannot be abolished by the Congress for the power to destroy only resides in the one who has the power to create. The lower courts (Court of Appeals, Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts), on the other hand, are established by law, and so could be abolished by law, provided the security of tenure is not undermined.
One Supreme Court
When the SC sits in divisions, it does not violate the concept of a "one Supreme Court" because, according the United States v Limsiongco, the divisions of the SC do not diminish its authority, because although it sits in divisions, it remains and co-functions as one body.
This "one Supreme Court" doctrine is strengthened by the provision that "when the required number (in a division) 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. [Art. VIII, Sec. 4(3)]
(2) Appointment and qualifications
Art. VIII, Sec. 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is
· a natural-born citizen of the Philippines
· at least 40 years of age
· must have been for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines. xxx
· (3) A member of the judiciary must be a person of proven competence, integrity, probity, and independence
(3) Salary
Art. VIII, Sec. 10. The salary of the Chief Justice and of the Associate Justices of the Supreme court and of judges of lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased.
Art. XVIII, Sec. 17. Unless the Congress provides otherwise, xxx; the Chief Justice shall receive an annual salary of P 240,000 and the Associate Justices shall receive P 204,000 each; xxx, the Associate Justices of the Supreme Court, xxx, P204,000 each; xxx.
*Although the salaries may not be decreased, they may be increased by law, to take effect at once.
Why: (1) the Constitution does not prohibit it; (2) the Judiciary plays no part in the passage of the law increasing their salary unlike the Congress and the Executive, and so there can be no conflict of interest; and (3) this will promote the independence of the Judiciary.
Nitafan v Commissioner of Internal Revenue
Under the 1987 Constitution, the salaries of members of the Judiciary are not exempt from taxes.
(4) Security of Tenure
Art. VIII, Sec. 11. The members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of 70 years, or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
Id., Sec. 2. xxx No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.
(5). Removal
Members of the SC cannot be removed except by impeachment. Thus, a SC justice cannot be charged in a criminal case or a disbarment proceeding, because the ultimate effect of either is to remove him from office.
(6) Fiscal Autonomy (Art. VIII, Sec. 3). The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.
(7) Jurisdiction
The Supreme Court's Jurisdiction
A) Original jurisdiction [Art. VIII, Sec. 5(1)]
(1) Cases affecting ambassadors, other public ministers and consuls.
(2) Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.
(3) Sufficiency of factual basis of proclamation of martial law and suspension of privilege of writ of HC [Art. VII, Sec. 18]
Note that the SC does not have jurisdiction over declaratory relief cases, which must be filed with the RTC. The first case (ambassadors, etc.) is made concurrent with RTCs by law (Judiciary Act of 1948). The second case (special civil actions) is concurrent with the CA and the RTC, with respect to inferior bodies.
B) Appellate Jurisdiction
The Supreme Court shall have the power to review, revise, reverse, modify, or affirm on (i) ordinary appeal, or (ii) petition for review on certiorari, as the law or the Rules of Court may provide, final judgment and orders of lower courts in the following cases:
(1) Cases questioning the constitutionality or validity of any (a) treaty, (b) international and executive agreement, (c) law or statute, (d) presidential decree, (e) proclamation, (f) order, (g) instruction, (h) ordinance, or (i) regulation.
(2) Cases questioning the legality of an (a) tax, (b) impost, (c) assessment, or (d) toll, or (e) any penalty imposed in relation thereto. (TIATP)
(3) Cases in which the jurisdiction of lower courts is in issue.
(4) Criminal cases in which the penalty imposed is reclusion perpetua or higher.
(5) Cases in w/c only an error or question of law is involved.
(6) Orders of the Constitutional Commissions.
Appellate jurisdiction may be exercised in two ways:
1.) Ordinary appeal
2.) Petition for review on certiorari
Art. VII, Sec. 4. xxx The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President, Vice-President, and may promulgate its rule for the purpose.
(8) Congressional Power over Jurisdiction of the Supreme Court Art. VIII, Sec. 2. The Congress shall have the power the define, prescribe and apportion the jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
xxx
*But while the jurisdiction of courts is a matter of legislative apportionment, the Constitution sets certain limitations on this prerogative:
1. It cannot decrease the constitutionally set jurisdiction of the Supreme Court.
(It may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.)
2. It cannot increase the constitutionally set appellate jurisdiction of the Supreme Court without its advice and concurrence.
3. It can increase the original jurisdiction of the SC (pursuant to its general power).
4. It can make the jurisdiction of the SC concurrent with lower courts (pursuant to its general power).
5. It cannot pass a law reorganizing the judiciary when it undermines the security of tenure of its members. (Art. VI, Sec. 2, par. 2)
Administrative powers
(9) Supervision of lower courts
Art. VIII, Sec. 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
(10) Temporarily assign judges to other stations in the public interest (Art. VIII, Sec. 5)
(11) Order a change of venue or place of trial to avoid miscarriage of justice [Art. VIII, Sec. 5 (4)]
(12) Discipline of lower court judges (Art. VIII, Sec. 11)
(13) Appointment of officials and employees of entire judiciary (Art.
VIII, Sec. 5) (14) Rule making
Art. VIII, Sec. 5. The Supreme Court shall have the following powers:
xxx
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rights of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
Power of Congress to repeal Rules of Court -
Article XVIII, Sec. 10. All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.
Practice of Professions
Art. XII, Sec. 14. xxx The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
(15) No quasi-judicial and administrative work of judges (Art. VIII, Sec. 12)
Generally: No non-judicial work for judges; No quasi- judicial and administrative work for judges in line with the separation of powers principle of the Constitution.
Exceptions: Constitutionally appointed non-judicial functions of the SC a. Act as Presidential Electoral Tribunal
b. Chief Justice as presiding officer in impeachment trial of the President. [Art.
XI, Sec. 3(6)]
c. Chief Justice as Chairman of the Judicial and Bar Council.
(16) Report on the judiciary
Art. VIII, Sec. 16. The Supreme Court shall, within 30 days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.
Votes required to "render a decision or resolution"
A) En banc - Concurrence of a majority of the members who (i) actually took part in the deliberations (i.e., the consultation) on the issues in the case, and (ii) voted thereon. [Art. VIII, Sec. 4(2) and Sec. 11.]
B) In divisions - Cases or matters heard by a division shall be decided or resolved (a) with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and (b) in no case without the concurrence of at least 3 of such members. When the required number is not obtained, the case shall be decided en banc. No doctrine or principle of law laid by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc. [Art. VIII, Sec.
4(3)]
(17) Manner of sitting and votes required (Art. VIII, Sec. 4.)
The Supreme Court may sit en banc or in its discretion, in divisions of 3, 5, or 7 members.
The following cases shall be heard by the SC en banc:
1. Cases involving the constitutionality of a treaty, international or executive agreement or law.
2. Cases involving the (a) constitutionality, (b) application, or (c) operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations.
3. All other cases which under the Rules of Court are required to be heard by the SC en banc.
4. Cases or matters heard by a division where the required number of votes to decide or resolve (the majority of those who took part in the deliberations on the issues in the case and voted thereon, and in no case less than 3 members) is not met.
5. To modify or reverse a doctrine or principle of law laid down by the court in a decision rendered en banc or in division.
6. Administrative disciplinary cases involving judges of lower courts.
7. Actions instituted by citizen to test the validity of a proclamation of martial law or suspension of the privilege of the writ.
8. The court sitting as Presidential Electoral Tribunal.
(17) Requirement as to decisions Deliberations (Art. VIII, Sec. 13)
The reason for the requirement that the decision must be reached "in consulta"
(i.e., after deliberations by the group) is to emphasize that the SC is one body, albeit collegiate, so that the decision of the case is by the court itself and not the ponente. The writer of the opinion is merely the spokesman of the body.
Effect of failure to muster the necessary majority:
The case is again reheard. If upon rehearing, no majority is still had, the fol-lowing are the effects:
a.) If a case is on appeal, the judgment appealed from is deemed affirmed except:
(i) Criminal cases where the judgment is that of conviction: the conviction is reversed, and the accused is acquitted.
(ii) Cases where the lower court declared a law, etc. unconstitutional:
the judgment is reversed, and the validity of the law is deemed sustained, pursuant to the presumption of constitutionality under Sec. 9 of the Judiciary Act of 1948. (If the lower court declared the law as not unconstitutional, this judgment is deemed affirmed pursuant to the general rule above.)
b.) If the case is an original petition, then the case is deemed dismissed.
Decisions on the merit.
The rule requiring statement of the relevant facts, the issues, the ruling, and the reasoned opinion in support of the ruling, applies only to decisions on the merit by a court of record, based on the following rulings of the SC:
Dissenters and Abstainers
In the case of a decision on the merits, if a member (a) took no part, or (b) dissented, or (c) abstained from a decision or resolution, he must state his reason therefor. (Art. VIII, Sec. 13.)
(18) Mandatory period for deciding cases Supreme Court: 24 months [Art. VIII, Sec. 15(1)]
Except: A proper case questioning the sufficiency of the factual basis of the proclamation of martial law or suspension of the privilege which must be decided 30 days from filing. (Art. VII, Sec. 18, par. 1.)
But what happens if the judge or court fails to meet the deadline anyway? The Constitution provides:
Failure to decide the case [for reasons other than the inability to reach the necessary majority] has no consequence on the case. Thus, a certification is
required that the period has lapsed without any decision being made, stating the reason for such inaction. Then the court must decide without any further delay.
The consequences are on the judge: (a) he could not draw out his salary, since he would not be able to certify that he has resolved all cases submitted to him in 90 days and (b) he is subject to administrative sanctions.