The duty of the courts of justice to settle actual controversies involving

rights which are legally demandable and enforceable

To determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government.

DEFENSIVE There can be no occasion for the

exercise of judicial power unless real parties come to court for the settlement of an actual controversy and unless the controversy is such that it can be settled in a manner that binds the parties by the application of existing laws.

Until the execution of a sentence See Echegaray vs. Secretary of Justice

› “the power to control the execution of its decision is an essential aspect of jurisdiction”

› “the most important part of litigation, whether civil or criminal, is the process of evaluation of decisions where supervening events may change the circumstance of the parties and compel courts to intervene and adjust the rights of the litigants to prevent unfairness.”

POLITICAL QUESTIONS beyond this sphere

Means such capricious and whimsical exercise of judgment and is equivalent to lack of jurisdiction

Abuse must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law

Discouraged Decision must contain only decisions

relevant to the question that is for decision

Judges should refrain from expressing irrelevant opinions in their decisions which may only reflect unfavorably upon their competence and the propriety of their judicial actuation

An action by which a persons interested under a deed, will, contract or other written instrument to determine any question of construction or validity arising under the instrument and for a determination of his rights or duties thereunder.

See requirements at page 924 of Bernas text

Right to define and apportion belongs to Congress except Section 5 cases› ORIGINAL SC JURISDICTION affecting

ambassadors and other public ministers and consuls, petitions for certiorari, mandamus, quo warranto and habeas corpus

› EXCLUSIVE APPELLATE JURISDICTION in constitutionality cases, legality of tax, jurisdiction of a lower court, criminal cases of reclusion perpetua or higher, appeals on questions of fact and law

› Assignment of judges of lower courts› Order change of venue or place of trial› Promulgate rules regarding practice of law,

procedure, legal assistance and rules of special courts

› Appoint all officials and employees of the judiciary

NOTE NO LAW SHALL BE PASSED INCREASING

THE APPELLATE JURISDICTION OF THE SUPREME COURT WITHOUT ITS ADVICE AND CONCURRENCE.

EN BANC MAJORITY DECISION of all members

who took part in the deliberation› Constitutionality issues

DIVISIONS OF 3, 5 OR 7 MAJORITY of members who took part in

deliberations and with concurrence of at least 3

When vote not obtained? EN BANC

Constitutionality of a treaty, international or executive agreement or law

Constitutionality of a presidential decree, proclamation, order, ordinance and other regualtions

Cases heard by a division when vote is not obtained

Cases where SC modifies or reverses a doctrine or principle of law previously laid down en banc or in division

Administrative cases for dismissal of a judge of the lower court

Election contests for President and Vice President

Recite the Case How is judicial review defined there? SUPERIORITY OF THE CONSTITUTION REQUISITES

› 1. actual case or controversy› 2. question is ripe for adjudication› 3. party bringing the suit has locus standi› 4. raised at the earliest opportuned time

(People vs. Vera addition)

Oposa vs. Factoran Kilosbayan vs. Guingona (232 SCRA

110) Bayan vs. Zamora (G.R. No. 138570

Oct 10, 2000) (VFA Challenge) Lim vs. Arroyo (G.R. No. 151445, April

11, 2002) (Balikatan exercises) Gonzales vs. Macaraig, 191 SCRA 452

(legal standing of Senate)

Sufficient interest in preventing the illegal expenditure of money raised by taxation

Sustain a direct injury as a result of the enforcement of the questioned statute

NOTE› In taxpayer’s suits, the SC has open

discretion to entertain it or not› Action challenged must be the exercise of

the spending or taxing power of Congress

WHAT IS IT? Baker vs. Carr› A textually demonstrable constitutional

commitment of the issue to a political department

› Lack of judicially discoverable and manageable standards for resolving it

› Potentiality of embarrassment from multifarious pronouncements of various departments on one question

› Impossibility of deciding without an initial policy determination or without expressing lack of respect to coordinate branches

OF COURSE Judicial Review is Judicial Power

Bar Flunkers Act (R. A, 972)› In Re Cunanan, 94 Phils 534

Integration of the Bar› In Re Integration to the Bar, 49 SCRA 22› In Re Edillon, 84 SCRA 554

Natural-born citizen Member of the Phil Bar At least 40 years of age 15 years of more a judge or engaged in

the practice of law

WHAT IS PRACTICE OF LAW See Cayetano vs. Monsod

Chief Justice (ex-officio chair) Secretary of Justice Representative of Congress (ex-officio) Representative of IBP (4 years) Professor of Law (3 years) Retired Member of SC (2 years) Representative of Private Sector (1 year)APPOINTED BY THE PRESIDENT

Of SC Justices and lower court judges› From a list of 3 recomendees from the JBC› No confirmation needed

Lower court› Issued within 90 days from submission of

list