PPGC111: Philippine Politics, Governance, and Citizenship Legislative Department (Midterm) PDF

# PPGC111: Philippine Politics, Governance and Citizenship ## Topic: Legislative Department [Article VI] ### 2nd Semester | S.Y. 2023-2024 ### Lecturer: Sir Christian Eldon Cahilig - **Legislative Department** - Section 1: The legislative power shall be vested in the Congress of the Philippines...

# PPGC111: Philippine Politics, Governance and Citizenship ## Topic: Legislative Department [Article VI] ### 2nd Semester | S.Y. 2023-2024 ### Lecturer: Sir Christian Eldon Cahilig - **Legislative Department** - Section 1: The legislative power shall be vested in the Congress of the Philippines which shall consist of a senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. - **What is Legislative Power?** - Legislative power is essentially the authority under the Constitution to make laws and subsequently, when the need arises, to alter and repeal them. - This is the peculiar task of the legislature to prescribe general rules for the government of the society. - **Legislative functions:** - Determination of the legislative policy and its promulgation as a defined - Binding rule of conduct through the enactment of law - **Meaning of Law** - It refers to statutes which are the written enactments of the legislatures governing the relations of the people among themselves or between them and the government and its agencies. - Ang nagbibigkis sa tao at gobyerno ay ang BATAS - **Function of Laws** - Through laws, the legislature defines the rights and duties of citizens, imposes taxes, appropriates funds, defines crimes and provides for their punishment, creates and abolishes government offices, determines their jurisdiction and functions, and in general, regulates human conduct and the use of property for the promotion of the common good. - **People's Initiative on Statutes** - Legislative power is also vested in the people by the system of initiative and referendum. - The power of initiative and referendum is he power of the people directly to "propose and enact laws of approve or reject any act or law or part thereof passed by the Congress or local legislative body" [Sec. 32, Art. VI]. - The provision is not self-executing [Defensor-Santiago v. COMELEC, G.R. No. 127325 (1997)] - **Classification of Power of Congress** - **General Legislative Power** - It is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the State. - Powers which the Constitution expressly directs or authorizes Congress to exercise like the power to choose who shall become President in case two or more candidates have an equal and highest number of votes (Art. VII, Sec. 4, par 4), to confirm certain appointments by the President (Ibid., Sec. 16), to promote social justice (Art. XIII, Sec. 1.), to declare the existence of a state of war (Sec. 23[1].), to impose taxes (Sec. 28[1].), to appropriate money (Art. 29[1].), to impeach (Art. XI, Sec. 2.), to act as a constituent assembly (Art. XVII, Sec. 1.) - Hindi pwedeng tayo ang magsisimula ng gyera [if tayo ang unang ginera, tsaka lang magddeclare ng state of war [legislative dept.] - Taxes are a burden to us. - **Specific Powers** - They are those essential or necessary to the effective exercise of the power expressly granted, like the power to: - conduct inquiry and investigation in aid of legislation (Sec. 21.), to punish for contempt, to determine the rules of its proceedings (Sec. 16 [3].) - **Inherent Powers** - They are the powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty. - **Separation of Powers** - In the Philippine Constitution, there are three branches of government that make, enforce, and interpret laws. - Under the separation of powers, each branch of government has a unique function. - Below shoes the different branches, their main functions, and example federal roles. - **Legislative Branch** - Passes, changes, and repeals law - House of Representatives, Senate - **Executive Branch** - Carries out laws, runs government day to day - President - **Judicial Branch** - Interprets laws, settles arguments - Supreme Court - **Checks and Balances** - Each of the three branches established in the separation of powers has the power to check or control the powers of the other branches. - These separations prohibit one branch of government from becoming too powerful. - **Chambers of Congress, Composition, and Qualifications** - **Senate** - **Composition** - 24 Senators elected at large (Sec. 2, Art VI) - **Qualifications** - Natural-born citizen, at least 35 years old on the day of the election, able to read and write, a registered voter, resident of the Philippines for at least 2 years immediately preceding the day of the election of the election. (Sec. 3, Art. VI) - **Term of Office** - 6 years (Sec. 4, Art. VI) - **Term Limits ** - 2 consecutive terms (Sec. 4, Art VI) - **House of Representatives** - **Composition** - Not more than 250 members, unless otherwise provided by law, consisting of: - District Representatives - Party-list Representatives (Sec. 5, Art. VI) - **Qualifications** - Natural-born citizen, at least 25 years old on the day of the election, able to read and write, a registered voter in the district he seeks to represent, Resident of the Philippines for at least 1 year immediately preceding the day of the election of the election. (Sec. 6, Art. VI) - **Term of Office** - 3 years (Sec. 7, Art. VI) - **Term Limits** - 3 consecutive terms (Sec. 7, Art. VI) - **Meaning of Registered Voter and Residence** - A registered voter is one who has all the qualifications for a voter and none of the disqualifications provided by law and who has registered himself in the list of voter. - One's residence is the place where one has his true permanent home and to which, whenever absent, he has the intention of returning. - **Residency Requirement** - **Residence** - physical presence of a person in a given area, community, or country. - **Domicile** - place of habitual residence. - A man must have a domicile somewhere - Once established, it remains until a new one is acquired. - A man can have but one residence or domicile at a time - **Acquisition of Domicile** - Bodily presence - Animus manendi (intent to stay) - Animus non reverted (no intent to return) - **Requisites to change domicile** - Actual change of domicile - Bona fide intention of abandoning the former place of origin and establishing a new one - Acts which correspond with the purpose - **Members of the House of Representatives ** - **District Representative** - Elected from legislative districts apportioned among the provinces, cities, and Metro Manila area - **Party-list Representative** - They shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties, or organizations. - **Kinds of Elections for Members of Congress** - **Regular Election** - Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. (Sec. 8, Art. VI) - **Special Election** - In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired terms. (Sec. 9, Art. VI) - **Legislative Privileges, Inhibitions, and Disqualifications** - **Privileges** - **Salaries** - Sec. 10, Art. VI - The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representative approving such increase. - **Freedom from Arrest** - **Speech and Debate Clause** - a. A Senator or Member of the House of [...] No member shall be questioned no Representatives shall, in all offenses be held liable in any othe for any punishable by not more than six year speech or debate in the Congress or in imprisonment, be privileged from arrest any committee thereof. (Sec. 11, Art VI) while the Congress is in session [...] - **Inhibitions and Disqualifications** - a. May not hold any other office or - b. May not hold be appointed to any employment in the government during office created or whose emoluments his term without forfeiting his sear (Sec. were increased during the term for which he was elected (Sec. 13, Art. VI) - c. Cannot personally appear as counsel before any court, electoral tribunal, quasi-judicial and administrative bodies during their term. (Sec. 14, Art. VI) - The purpose of this is to remove any possibility of influence upon the judges of these courts or heads or members of these bodies who might be swayed in their decisions by their hope for future appointments to higher positions. - d. Shall not be financially directly or - e. Shall not intervene in any matter before indirectly, in any contract with, or any office of the government when it is for franchise or special privilege granted by his pecuniary benefit or where he may be government during his term of office (Sec. called upon to act on account of his office [Sec. 14, Art. VI]) - The Pork Barrel System "runs afoul" of Sec. 14, Art. VI, because in "allowing legislators to intervene in the various phases of project implementation - a matter before another office of government - renders them susceptible to taking undue advantage of their own office." - **Duty to Disclose** - a. **Financial and Business Interests; Potential Conflicts of Interest** - Sec. 12, Art VI. All members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House - b. **SALN** - Sec. 17, Art XI. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. - **c. Amount paid to/express incurred by each member** - Sec. 20, Art VI. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. - **Sessions of Congress** - Sec. 15, Art. VI - The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue t be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. - **Regular Sessions exclusion:** Saturdays, Sundays, Legal Holidays - **Special Sessions:** urgent and national concern - **Executive sessions:** President and Congress [secret or close door sessions] - July 25, 2022-19th Congress - **Quorum and Voting Majorities** - **Quorum** - Sec. 16, Art. VI - (2) A majority of each House shall constitute a quorum to do business, by a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. In computing a quorum, members who are outside the country, thus outside of each House's coercive jurisdiction, are not included. - **The required number of members of each house to be present in order to transact business during its regular or special session.** - Rule: No law can be passed or a legislative function discharged unless the quorum is reached. - **Voting Majorities** - **Doctrine of Shifting Majority** - For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being quorum, is required. - **Exceptions to Doctrine of Shifting Majority** - a. Votes where requirement is based on "ALL THE MEMBERS OF CONGRESS": requirement is based on the entire composition of a House or Congress (in its entirety), regardless of the number of Members present or absent. - **Action** | **Voters Required (All Members)** | **House Voting** | **Basis** - ---|---|---|---| - Senate shall elect its President and the Speaker of the House | Majority | Separately; All respective members | Sec. 16 (1), Art. VI - Punish for disorderly behavior and may SUSPEND or EXPEL | 2/3 | Separately; All respective members | Sec. 16 (3), Art. VI - Override Presidential Veto | 2/3 | Separately (House where the bill originated votes first) | Sec. 27 (1), Art. VI - Grant Tax Exemptions | Majority | Silent | Sec. 28 (4), Art. VI - Elect President in case of tie | Majority | Separately | Sec. 4 (5), Art. VII - Confirm appointment of VP | Majority | Separately | Sec. 9, Art. VII - Congress affirming that the President is unable to discharge powers and duties | 2/3 | Congress | Sec. 11, Art. VII - Revoke or extend (a) Martial Law or (b) the suspension of the privilege of the writ of Habeas Corpus | Majority | Jointly | Sec. 18, Art. VII - Amnesty Grant | Majority | Silent | Sec. 19 (2), Art. VII - Submit a question of calling a Constitutional Convention to the electorate | Majority | Sec. 3, Art. XVII - Call for Constitutional Convention | 2/3 | (Silent) Prevailing view: by default, houses vote separately | Sec. 3, Art. XVII - Propose amendment as Constitutional Assembly| 3/4 | | Sec. 1 (1), Art. XVII - **Amendment:** portion of law [babaguhin] - **Revision:** total revamp [babaguhin lahat] - **b. Other cases (NOT out of all members)** - **Action** | **Voters Required (All Members)** | **Basis** - ---|---|---|---| - Determin President's disability | 2/3 of both houses, voting separately | Sec. 11 (4), Art. VII - Declaring a State of War | 2/3 of both houses (in joint session) voting separately | Sec. 23 (1), Art. VI - Validity of Treaty/International Agreement | 2/3 members of SENATE | Sec. 21, Art. VII - **Note:** People's Initiative - 3% of the population should support the initiative para makarating sa Congress - **Note 2:** Silent voting - sila sila lang ang magbobotohan pero hindi ipapaalam yung majority; hindi ipapaalam sino ang nagvote; anonymous voting # PPGC111: Philippine Politics, Governance and Citizenship ## Topic: Executive Department ### 2nd Semester | S.Y 2023-2024 ### Lecturer: Sir Christian Eldon Cahilig - **Sec. 1, Art. VII** - The executive power shall be vested in the President of the Philippines. - **Executive Power** - Executive power has been defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance. - President - Vice President - Cabinet Secretary - **Election** - **Regular Election:** Second Monday of May - **National Board of Canvasses (President and Vice President):** Congress - **a. Returns:** shall be transmitted to Congress, directed to the Senate President - **b. Joint public session:** not later than 30 days after election date; returns to be opened in the presence of the Senate and HOR in joint session. - Congress, upon determination of the authenticity and due execution, shall canvass the votes. - Person having the highest number of votes shall be proclaimed elected. - In case of tie, one will be chosen by the vote of majority of all the members of both Houses of Congress, voting separately. - **Qualifications, Election, and Term of the President and Vice President** - **Qualifications** - Natural-born citizen of the Philippines; - A registered voter; - Able to read and write; - At least 40 years of age on the day of the election; and - A resident of the Philippines for at least 10 years immediately preceding such election [Sec. 2, Art. VII] - **Sec. 3, Art. VII** - There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President. - The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. - **Term of Office** - 6 years, which shall begin at noon on the 30th day of June next following the day of the election and shall end at noon of the same day 6 years thereafter [Sec. 4, Art. VII] - **Term of Office Distinguished from Tenure** - **Office: Right to Hold Office; and Office** - **Term of Office** - refers to the period during which an officer may claim to hold the office as a matter of right. [6 years] - **Tenure of Office** - period during which the incumbent actually holds the office. - **Right to Hold Office** - the just and legal claim to enjoy the powers and responsibilities of the office - **Office** - an institutional unit of government, while term is a matter of time during which a person may hold the office - **Sec. 5, Art. VII** - Before they enter on the execution of their office, the President, the Vice President, or the Acting President shall take the following oath or affirmation: - "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.) - **Death or Affirmation of the President, Vice President, or Acting President** - OATH is an outward pledge made under an immediate sense of responsibility to God. The oath-taking marks the formal induction of the President, Vice President, or Acting President in office. It is mandatory. He cannot enter on the execution of his office without taking the prescribed oath or affirmation. - **Rules of Succession** - **Situation** | **Who Shall Act as President** - ---|---| - **Before the/At the Beginning of the Term** - President-elect fails to qualify | Vice-President-elect (until the President elect shall have qualified) - President shall not have been chosen | Vice-President-elect (until the President elect shall have qualified) - Beginning of the term: President-elect died or became permanently disabled | Vice-President elect shall become President - No President and Vice-President have been chosen or shall have qualified | Senate President or, in case of his inability, the Speaker of the House shall act as President (until a President or a Vice President shall have been chosen and qualified) - In case of unavailability, special election will be done. - Both President and Vice-President died or became permanently disabled | Vice-President as Acting President - **During the Term** - Death, permanent disability, removal from office, or resignation of the President | Vice-President to serve the unexpired term - Death, permanent disability, removal from office, or resignation of both the President and Vice-President | Senate President or, in case of his inability, the Speaker of the House shall act as President (until a President or a Vice-President shall have been chosen and qualified) - **Temporary Disability** - Voluntary written declaration of the President | Vice-President as Acting President - First written declaration by majority of the Cabinet | Vice-President as Acting President - Determination by Congress by 2/3 vote of all members, voting separately, acting on the second written declaration by majority of the Cabinet | 2/3 vote: Vice-President as Acting President. Otherwise: President continues exercising his powers and duties - **At the Beginning of Term** - Sec. 7, Art VII - The President-elect and the Vice-President-elect shall assume office at the beginning of their terms. [...] - **Temporary or Permanent Vacancy in the President before the Term - No hold-over capacity for President** - Sec. 7, Art VII - If the President-elect fails to qualify, the Vice-President elect shall act as President until the President-elect shall have qualified. If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified. If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President. - Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified. The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph. - **Sec. 10, Art VII - The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. - **Vacancy Timetable:** - 1. O days - Vacancy occurs - 2. 3 days - Congress convenes - 3. 10 days - Law providing for special elections should be enacted - 4. 55-70 days - Election should be held within this period - 5. 85-100 days - Canvassing by Congress should be done within this period - **Vacancy in the Office of the Vice President** - Sec. 9, Art. VII - Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately. - **Power of the President** - **Executive power** - The President shall enforce the law that is created by the Congress - **Appointment power** - The President shall nominate, appoint, an remove officials in the executive departments - **Control power** - The President shall have control of all the executive departments, bureaus, and office - **Military Power** - The President may call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion [Chief Executive of the Armed Forces of the Philippines] - **The President may suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law** - **Pardoning Power** - The President may grant reprieves, amnesty, and pardons, and remit fines, after conviction by final judgement [grant or amnesty of Sen. Leila De Lima] - **Contract Power** - The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines - **Supervision Power** - The President of the Philippines shall exercise general supervision over local government [unlike the control power (control sa executive, bureaus, and offices), the Pres. needs to supervise the proper implementation of the LGUs of such laws] [ - **Veto Power** - The President may vote for a veto for any law that is created and presented by the Congress. # PPGC111: Philippine Politics, Governance and Citizenship ## Topic: Judicial Department [Article VIII] ### 2nd Semester | S.Y 2023-2024 ### Lecturer: Sir Christian Eldon Cahilig - **Sec. 1, Art. VIII** - The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. - 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. - Their duty is to interpret and review the law - Settle controversies regarding human rights - Check and balances the laws; look for loopholes - **Judicial Power** - This is the power and duty of courts of justice to apply the laws to contests or disputes concerning legally recognized rights or duties between the State and private persons or individuals, or between private persons or individual litigants, in cases properly brought before the judicial tribunals. - Pwede i-contest 'yung mga batas na hindi pasok sa standards or norms ng ating bansa - **Scope Judicial Power** - Adjudicatory power - Judicial power includes the duty of courts of justice: - (a) to settle actual controversies involving rights which are legally demandable and enforceable; and - (b) to determine whether 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 - **Judicial Review** - **Judicial Power** - Supreme Court and Lower Courts - **Where Vested** - Supreme Court and Lower Courts - **Definition** - duty 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. - **Judicial Review** - Power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution [Angara v. Electoral Commission, G.R. No. L45081 (1936)] - **Requisites for Exercise** - **Jurisdiction** - Power to decide and hear a case and execute a decision thereof - **Acting on cases within the court's subject matter jurisdiction:** - (1) There must be an actual case or controversy; - (2) The person challenging the act must have locus [position] standing; - (3) The question of constitutionality must be raised at the earliest opportunity; and - (4) The issue of constitutionality must be the very lis motto of the case - **Organization of Courts ** - **Regular Courts** - **General in Application ** - First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). - Near the United Nations Station and Adamson University - Lungsod ng Quezon - Regional Trial Courts are also known as Second Level Courts, which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). - 13 regions, including NCR - Each city has a regional trial court - The Court of Appeals with 69 Justices headed by a Presiding Justice which operates in 23 divisions each comprising three (3) members. The Court sits en banc only exercise administrative, ceremonial, or other non-adjudicatory functions. - **Limited Cases** - The Shari'a District Courts are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. On the other hand, the Shari'a Circuit Courts are the counterpart of the Municipal Circuit Trial Courts established in certain municipalities in Mindanao - The Sandiganbayan has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law - Senators; can be a special court once a public officer or employee has graft/corruption practices - The Court of Tax Appeals was created under R.A. No. 1125, as amended by R.A. No. 9282, which has exclusive appellate jurisdiction to review on appeal, among other, decisions of the Commissioner of Internal Revenue involving internal revenue taxes and decisions of the Commissioner of Customs involving customs duties - **Special Court ** - **Quasi-Judicial Agencies** - Administrative bodies under the executive branch performing quasi-judicial functions, like the National Labor Relations Commission, the Employees Compensation Commission, the Securities and Exchange Commission, the Insurance Commission, etc., and the independent Constitutional Commissions do not form part of the integrated judicial system. - **Sec. 2, Art. VIII** - The Congress shall have the power to 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. - No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. - **Jurisdiction of Courts** - Jurisdiction is the power and authority of a court to hear, try, and decide a case. It may be: - 1. **General** - when it is empowered to decide all disputes which may come before it except those assigned to other courts; - 2. **Limited** - when it has authority to hear and determine only a few specified case; - 3. **Original** - when it can try and decide a case presented for the first time. It may be exclusive or concurrent; - 4. **Appellate** - when it can take a case already heard and decided by a lower court removed from the latter by appeal; - 5. **Exclusive** - when it can try and decide a case which cannot be presented before any other court; - 6. **Concurrent** - when any one of two or more court may take cognizance of a case. - **The Supreme Court** - **Composition:** - Chief justice and 14 associate justices - May sit en back or in division of three, five, or seven members - Vacancy shall be filled within 90 days from the occurrence thereof - Strict Composition: There is but one Supreme Court whose membership appointments are permanent. - **How Many Divisions Can It Have?** - 2 Divisions | 7 members - 3 Divisions | 5 members - 5 divisions | 3 members - En Banc - **En Banc and Division Cases** - **En Banc:** Cases decided with the concurrence of a majority of the Members who actually took part in the deliberations and voted. - **Instances when the SC sits En Banc** - a. Those involving the constitutionality, application, or operation of: - 1. Treaty - 2. Order - 3. International or Executive Agreement - 4. Presidential Decrees - 5. Law - 6. Instructions - 7. Proclamations - 8. Ordinances - 9. Other regulations - b. Exercise of the power to discipline judges of lower courts, or order their dismissal [Sec. 11, Art. VIII] - c. Discipline of judges can be done by a division, but En Banc decides cases for dismissal, disbarment, suspension for more than 1 year, or fine of more than P10,000 [People v. Gacott, G.R. No. 116049 (1995)] - d. Cases or matter heard by a Division where the required number of votes to decide or resolve these is not met [Sec. 4 (3), Art. VIII] - e. Modifying or reversing a doctrine or principle of law laid down by the court in a decision rendered en banc or in division [Sec. 4 (3), Art. VIII] - f. Actions instituted by citizens to test the validity of a proclamation of Martial Law or suspension of the privilege of the writ [Sec. 18, Art. VII] - g. When sitting as Presidential Electoral Tribunal [Sec. 4 (7), Art. VII] h. All other cases which under the Rules of Court are require to be heard by the SC en banc. [Sec. 4 (2), Art. VIII] - **Sec. 5, Art. VIII** - The Supreme Court shall have the following powers: - 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. - 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: - a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. - b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. - c. All cases in which the jurisdiction of any lower court is in issue. - d. All criminal cases in which the penalty imposed is reclusion perpetua or higher. - e. All cases in which only an error or question of law is involved. - 3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. - 4. Order a change of venue or place of trial to avoid a miscarriage of justice. - 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. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. - 6. Ap