Article VIII Sec. 5 onwards

In which case did the Supreme Court rule that "[I]t is simply impossible for this Court 'to annul and set aside the award of the ZTE-DOTC Broadband Deal' without any evidence to support a prior factual finding pointing to any violation of law that could lead to such annulment order."?

• Pascual v. Secretary of Public Works

• Galicia v. Aquino

• Suplico v. NEDA

• Joya v. PCGG

"It has been held that as to the element of injury, such aspect is not something that just anybody with some grievance or pain may assert. It has to be direct and substantial to make it worth the court's time, as well as the effort of inquiry into the constitutionality of the acts of another department of government. If the asserted injury is more imagined than real, or is merely superficial and insubstantial, then the courts may end up being importuned to decide a matter that does not really justify such an excursion into constitutional adjudication."

This refers to...

• Cause of Action

• Legally Demandable Rights

• Legal Standing

• Justiciable Issue

For a concerned party to be allowed to raise a constitutional question, it must show the following EXCEPT...

, (2) , and (3) . 12

• There is an injury which is fairly traceable to the challenged action.

• The person has the capacity to sue on behalf of others who may not be in a position to do so.

• It has personally suffered some actual or threatened injury as a result of the allegedly illegal conduct of the government.

• There is an injury which is likely to be redressed by a favorable action

In the case of Ana Mindanao v. Executive Secretary, the Supreme Court held that "[t]o be accorded standing on the ground of transcendental importance, Senate of the Philippines v. Ermita requires that the following elements must be established" EXCEPT:

• the public character of the funds or other assets involved in the case.

• the presence of a clear case of disregard of a constitutional or statutory prohibition by the public respondent agency or instrumentality of government

• the lack of any other party with a more direct and specific interest in raising the questions being raised

• the presence of an injury that is likely to be redressed by a favorable action

The following is true of the operative fact doctrine EXCEPT

• An unconstitutional act, for that matter an executive order or a municipal ordinance likewise suffering from that infirmity, cannot be the source of any legal rights or duties.

• Prior to the declaration of nullity a challenged legislative or executive act, such must have been in force and had to be complied with.

• The actual existence of a statute, prior to such a determination of unconstitutionality, is an operative fact and may have consequences which cannot be justified due to the statute's unconstitutionality.

• A challenged legislative or executive act, such is entitled to obedience and respect until after the judiciary declares its invalidity.

Can the Office of the Ombudsman entertain a criminal complaint for the alleged falsification of a judge's certification submitted to the Supreme Court?

• No. Where a criminal complaint against a judge or other court employee arises from their administrative duties, the Ombudsman must defer action on said complaint and refer the same to the Supreme Court.

• Yes. Where a criminal complaint against a judge or other court employee arises from their administrative duties, the Ombudsman can investigate and inform the Supreme Court.

• No. The Ombudsman has no jurisdiction over the criminal case since the offense charged arose from the judge's performance of his official duties, which is under the control and supervision of the Supreme Court.

• Yes. The Ombudsman has jurisdiction over the criminal case even though the offense charged arose from the judge's performance of his official duties, which is under the control and supervision of the Supreme Court.

To be appointed judge of a lower court, the following are part of the qualifications EXCEPT:

• Natural born citizen of the Philippines

• Member of the Philippine Bar

• Proven Competence

• Proven Probity

The following are regular members of the Judicial and Bar Council EXCEPT:

• Secretary of Justice

• A retired Member of the Supreme Court

• A Professor of Law

• a representative of the Integrated Bar

The Constitution provides that "[t]he Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy."

Do the appointments need to be confirmed by the Commission on Appointments?

• Yes

• No

Which of the following is FALSE?

• The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

• A decision be can be rendered by any court without expressly mentioning facts and the law, such as a Minute Resolution.

• The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

• The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court.