article 8. sec 5

8/8/2019 Article 8. Sec 5

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Article ViiiSection 5


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Article viii section 5

The Supreme Court shallhave the

foll

owing powers. (1) Exercise original jurisdiction over

cases affecting ambassadors, other public

ministers and consuls, and over petitions

forcertiorari, prohibition, mandamus, quo

warranto, and habeas corpus


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(2) Review, revise, reverse, modify, or

affirm an appeal orcertiorarias the

law or t

he Ru

les of Court m

ayprovide, final judgments, and orders

oflower courts in:(a) All cases in which the constitutionality or

validity ofany treaty, international or

executive agreement, law, presidential decree,

proclamation, order, instruction, ordinance, or

regulation is in question.


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affirm an appeal orcertiorarias the

law or t

he Ru

les of Court m

ayprovide, final judgments, and orders

oflower courts in:(b) All cases involving the legality ofany tax,

impost, assessment, or toll, orany penalty

imposed in relation thereto.

(c) All cases in which the jurisdiction ofany

lower court is in issue.


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affirm an appeal orcertiorarias the law

or the Rules of Court may provide,final judgments, and orders of lower

courts in:

(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.


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(3) Assign temporarily judges of lower

courts to other stations as publicinterest may require. Such temporary

assignment shall not exceed six months

without the consent of the judgeconcerned.


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(4) Orderachange ofvenue or place of

trial to avoid amiscarriage of justice.

(5) Promugate rules concerning the

protection and enforcement of

constitutional rights, pleading, practice,

and procedure in all courts, the admissionto the practice oflaw, the Integrated Bar,

and legalassistance to


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the underprivileged. Such rules shall or

provide asimplified and inexpensive

procedure for the speedy disposition of

cases, shall be uniform forall courts of thesame grade, and shall not diminish,

increase, or modify substantive rights.

Rules of the procedure of special courts

and quasi-judicial bodies shall remain

effective unless disapproved by the Supreme

Court.


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(6) Appoint all officials and employees

of the Judiciary in accordance with

the Civil Service Law.


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ORIGINAL JURISDICTIONOFSC

OVERCASES AFFECTING

AMBASSADORS, ETC (1) Diplomatic agents of a foreign country.

Ambassadors

Other public ministers Consuls

* in which any foreign power may accredit to another

state.

* The original jurisdiction conferred isconcurrent with that of RTC whose decisions

may be appealed to the SC.


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OVERCASES AFFECTING

AMBASSADORS, ETC (1) Privileges and immunities.

Exempt from the jurisdiction of tribunals of the

country to which they are accredited.

It is based on the principle of international law that

they are considered extensions of the sovereignty of

the states they represent.

However, a consul is not entitled to the

privileges and immunities of an ambassador or

minister.


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OVE

Rpetitions for certiorari

,etc.

Certiorari

A special civil action

A writ issued from a superior court requiring alower court or a board, or officer exercising

judicial functions to transmit the records of a

case to the superior court for purposes of review.


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OVE


,etc.

Prohibition

A writ by which a superior court commands a

lower court or a corporation, board or person

acting without or in excess of its or his

jurisdiction, or with grave abuse of discretion, to

desist from further proceedings in an action or

matter.

It is a negative remedy prohibiting the doing of

a certain act.


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OVE


,etc.

Mandamus

An order issued by a superior court

commanding a lower court or corporation,

board, or person to perform a certain act which

it is its or his duty to do,

An affirmative remedy ordering a certain act to

be done.


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OVE


,etc. Quo warranto

An action by the government to recover an

office or franchise from an individual or

corporation usurping or unlawfully holding it.


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OVE


,etc.

(3) In addition, the SC exercise the original

and exclusive jurisdiction over all contest

relating to the election returns andqualifications of the Pres and V. Pres.


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Exclusive appellate

jurisdiction of the sc (1) Cases of great public interest

(2) Elevation of the cases to the SC

only with the power of Congress may exercisewith respect to jurisdiction as thus provided is to

determine whether elevation of cases from

lower court should be through appeal or

certiorari.


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Exclusive appellate

jurisdiction of the sc (2) Elevation of the cases to the SC

By Appeal

Appellate court reviews all the findings of law and offact of lower court as in special procedure

By certiorari


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Exclusive appellate

jurisdiction of the sc (3) Cases involving only an error or question of

law

A

question of Law No examination of the probative value of the

evidence presented by the parties or any of them in

the lower court

A

question of Fact Whether or not a particular event has taken to place

Cannot reviewed by the SC


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Assignments of judges of lower

courts to other station Assignment of temporary

May be made only by the SC

E

nhances the independence of judiciary byeliminating possible political influence such as

assigns.

Temporary assignment of a judge to another

station for a longer period longer that 6 mosmust be with his consent accommodate the

demand.


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Assignments of judges of lower

courts to other station Assignment of permanent

it can only be effected with the consent of the

judge concerned and by the extension of a newappointment by the President.

Assignment within the same region

The station of judge where he is assigned by

law to regular sessions.


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Rule-making power of sc

(1) Protection and enforcement of constitutional

rights

Constitution accords a great importance to thefull employment by the people of their

constitutional rights that even SC is enjoined to

promugate rules of procure concerning their

protection and enforcement in cases pendingbefore the courts.

Right are mostly found in Art III.


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In criminal procedure, theConstitution seeks to

avoid the conviction or punishment of an accused

who may be innocent: (2)Pleading

An act of presenting ones claim, answer or

arguments in defense or prosecution of an action,

Refers to any paper in the court in connection with acase before it.


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who may be innocent: (3)Practice of Law

The doing or performing of services in a court of

justice, in any matter pending therein.

(4)Procedure The method by w/c substantive rights may be

enforces in courts of justice


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who may be innocent: (5)Admission to the practice oflaw or to the

Bar

A person is admitted when he is authorized by the

SC to practice law in the Philippines. (6)Integrated Bar

The official national unification of the entire lawyer

population of the Phil in a single organization


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who may be innocent: (7)Legalassistance to the underprivileged

Poor and uninformed litigants are entitled to legal

assistance from the government in defending and

enforcing their rights to redress the imbalance b/wthe parties in civil and criminal cases.


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Limitations of rule-making

power of sc1. Such rules shall provide a simplified and

inexpensive procedure for speedy

disposition of cases2. They shall be uniform for all courts of the

same grade

3. They shall not diminish, increase, ormodify substantive rights.


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Substantive and Procedural

law/rights Substantive law

Part of the law w/c creates, defines and

regulates rights concerning life, liberty, or

property, or the powers of agencies or

instrumentalities for the administration of

public affairs


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Substantive and Procedural

law/rights Substantive rights

Rights w/c substantive law declares or rights

concerning life, liberty or property.

E.g Article III (Bill of Rights)

Procedural rights

Refer to the remedies or means by w/c an

aggrieved party whose s. rights have been

violated, may bring his case to suit, trial, or

judgment.


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Article ViiiSection 6


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The Supreme Court shallhaveadministrative supervision overall

courts and the personnel thereof.

article 8. sec 5

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