E. The Supreme Court (composition, powers, and functions)

Frequency: ★★★☆☆ 1. Composition 1 Chief Justice and 14 Associate Justice. The Supreme Court shall be composed of a Chief Justice and fourteen (14) Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. […]

D. Appointments to the judiciary

Frequency: ★★★☆☆ 1. Qualifications a. Constitutional and statutory qualifcations In general. A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. (Section 7[3], Article VIII, 1987 Constitution) Constitutional Qualifications: Supreme Court No person shall be appointed Member of the Supreme Court unless he is: 1) A natural-born citizen of […]

C. Judicial independence and fiscal autonomy

Frequency: ★★★★★ 1. Judicial Independence Recognizing the vital role that the Judiciary plays in our system of government as the sole repository of judicial power, with the power to determine whether any act of any branch or instrumentality of the government is attended with grave abuse of discretion, no less than the Constitution provides a […]

B. Judicial Review

Frequency: ★★★★☆ 1. Requisites Requisites for the exercise of the power of judicial review: 1) There must be an actual case or justiciable controversy before this Court; 2) The question before this Court must be ripe for adjudication; 3) The person challenging the act must be a proper party; and 4) The issue of constitutionality […]

A. Judicial Power

Frequency: ★★★☆☆ 1. Duty of courts Judicial power. Judicial power – includes the duty of the courts of justice 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 […]

J. Rules of succession

Frequency: ★★★★★ | Probability: ★★★☆☆ 1. President a. Vice-President 1) Issues with the election of the President a. President-elect fails to qualify. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. (Paragraph 2, Section 7, Article VII, 1987 Constitution) b. President shall not have been chosen. […]

I. Powers relative to appropriation measures

Frequency: ★★★☆☆ | Probability: ★★★★★ 1. Principles on appropriation It is the President who proposes the budget but it is Congress that has the final say on matters of appropriations. For this purpose, appropriation involves two governing principles: Governing principles on appropriation: 1) A Principle of the Public Fisc, asserting that all monies received from […]

H. Diplomatic power

Frequency: ★★★★☆ | Probability: ★★★☆☆ President – as sole organ and authority in external relations. In our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country’s sole representative with foreign nations. As the chief architect of foreign policy, the […]

G. Executive clemency

Frequency: ★★★☆☆ | Probability: ★★★☆☆ 1. Forms and limitations General Rules: 1) The President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. (Section 19, Article VII, 1987 Constitution) 2) He shall also have the power to grant amnesty with the concurrence of a majority of all the […]