A. Judicial Power

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

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 of any branch or instrumentality of the Government. (Paragraph 2, Section 1, Article VIII, 1987 Constitution)

Test validity of executive and legislative acts. The power of judicial review is the power of the courts to test the validity of executive and legislative acts for their conformity with the Constitution. Through such power, the judiciary enforces and upholds the supremacy of the Constitution. (Garcia v. Executive Secretary, En Banc, G.R. No. 157584, 02 April 2009)

1987 Constitution expanded scope of judicial review. The 1987 Constitution has expanded the scope of judicial power from its traditional understanding. As such, courts are not only expected to settle actual controversies involving rights which are legally demandable and enforceable, but are also empowered to determine if any government branch or instrumentality has acted beyond the scope of its powers, such that there is grave abuse of discretion. (Kilusang Mayo Uno v. Aquino, En Banc, G.R. No. 210500, 02 April 2019)

2. Supreme Court and lower courts

Vested in the Supreme Court and is such lower courts. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. (Section 1, Article VIII, Ibid.)

3. Certiorari and prohibition

Remedy via Certiorari and Prohibition. Rule 65, Sections 1 and 2 of the Rules of Court provides remedies to address grave abuse of discretion by any government branch or instrumentality, particularly through petitions for certiorari and prohibition. (Kilusang Mayo Uno v. Aquino III, En Banc, G.R. No. 210500, 02 April 2019)

Rule 65 of the Rules of Court. Rule 65, Sections 1 and 2 of the Rules of Court provides remedies to address grave abuse of discretion by any government branch or instrumentality. (Ibid.)

Coverage. While Rule 65 pertain to a tribunal’s, board’s, or an officer’s exercise of discretion in judicial, quasi-judicial, or ministerial functions, such rule still applies to invoke the expanded scope of judicial power. (Ibid.)

Same; Any branch or instrumentality of the Government. Rule 65 is the remedy to set right, undo, and restrain any act of grave abuse of discretion amounting to lack or excess of jurisdiction by any branch or instrumentality of the Government, even if the latter does not exercise judicial, quasi-judicial, or ministerial functions. (Ibid.)

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BAR EXAM QUESTION

(Question XII, Political Law, 2018 Bar Exam)

Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court.

Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions “en bane [to] promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights.”

Section 16(3) of Article VI of the Constitution states that “Each House may determine the rules of its proceedings.” Section 21, Article VI of the Constitution further provides that “The Senate or the House of Representatives or any of its respective committees may conduct inquiries… in accordance with its duly published rules of procedure.”

Finally, Section 3(8) of Article XI of the Constitution declares that “The Congress shall promulgate its rules on impeachment to effectively carry out the purposes of this section.”

Are the rules promulgated pursuant to these provisions subject to review and disapproval by the Supreme Court? (5%)

Suggested Answer:

Yes, via judicial review. The power of judicial review is the power of the courts to test the validity of executive and legislative acts for their conformity with the Constitution.

Under jurisprudence, the 1987 Constitution has expanded the scope of judicial power from its traditional understanding. As such, courts are not only expected to settle actual controversies involving rights which are legally demandable and enforceable, but are also empowered to determine if any government branch or instrumentality has acted beyond the scope of its powers, such that there is grave abuse of discretion.

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Subjects

Political Law, Labor Law

A. Legislative Power

Frequency: ★★★★☆ The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives,

Question 6, 2017 Labor Law Bar Exam

VI. (Question VI, Labor Law, 2017 Bar Exam) A. One of Pacific Airline’s policies was to hire only single applicants as flight attendants, and considered

L. Bouncing Checks Law

Frequency: ★★★★☆ “Credit” – refers to an arrangement or understanding with the bank for the payment of such check. (Section 4, B.P. 22) 1. Crime

H. Anti-Torture Act of 2009

Frequency: ★★★☆☆ “Torture” – refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for

F. Crimes committed by public officers

Frequency: ★★★★★ CHAPTER 1: PRELIMINARY PROVISIONS a. CONCEPT OF PUBLIC OFFICERS PUBLIC OFFICERS: For the purpose of applying the provisions of this and the preceding

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

E. Lawyer’s Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as

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