article 8 sec13-16
TRANSCRIPT
-
7/31/2019 Article 8 Sec13-16
1/31
-
7/31/2019 Article 8 Sec13-16
2/31
The Supreme Court of thePhilippines
(Filipino: Kataas-taasang Hukuman ngPilipinasor Korte Suprema) is the
Philippines' highest judicial court, aswell as the court of last resort. The
court consists of 14 Associate Justicesand 1 Chief Justice. Pursuant to theConstitution, the Supreme Court has
"administrative supervision over allcourts and the personnel thereof"
-
7/31/2019 Article 8 Sec13-16
3/31
-
7/31/2019 Article 8 Sec13-16
4/31
The conclusions of the Supreme Court inany case submitted to it for decision en
bancor in division shall be reached inconsultation before the case is assigned toa Member for the writing of the opinion of
the Court. A certification to this effectsigned by the Chief Justice shall be issuedand a copy thereof attached to the recordof the case and served upon the parties.
Any Member who took no part, ordissented, or abstained from a decision orresolution must state the reason therefore.
The same requirements shall be observed
-
7/31/2019 Article 8 Sec13-16
5/31
Procedure in Rendering Decisions
1. Conclusions of
decisions reached in
consultation
Certification of
Compliance
2. Purpose of
Requirement
-
7/31/2019 Article 8 Sec13-16
6/31
Requirement in Case of:
1. Non-participation or abstention2. Dissent (disagree/oppose/dispute)
-
7/31/2019 Article 8 Sec13-16
7/31
-
7/31/2019 Article 8 Sec13-16
8/31
What is the reason for the requiredexplanation to be given by the individualJustices for their non-participation to be
given by individual Justices for their non-participation abstention?
To encourage participation.
-
7/31/2019 Article 8 Sec13-16
9/31
What is the purpose of the certificationrequired by Section 13?
Ensure the implementation of theconstitutional requirement that decisions ofthe Supreme Court and lower collegiate
courts are reached after consultation withthe members of the court.
-
7/31/2019 Article 8 Sec13-16
10/31
What is the effect of absence of certification?
The lack of certification at the end of thedecision would only serve as evidence offailure to observe certification requirementand maybe basis for holding the official
responsible for the omission to accounttherefor.
-
7/31/2019 Article 8 Sec13-16
11/31
-
7/31/2019 Article 8 Sec13-16
12/31
No decision shall be rendered by any
court without expressing thereinclearly and distinctly the facts and
the law on which it is based.No petition for review or motion forreconsideration of a decision of the
court shall be refused due courseor denied without stating the legalbasis therefore.
-
7/31/2019 Article 8 Sec13-16
13/31
Decision- Judgment rendered by a court of justice
or other competent tribunal after the
presentation of the respective positions
of the parties in an ordinary or criminal
case of upon a stipulation of facts upon
which the disposition of the case is
based.
-
7/31/2019 Article 8 Sec13-16
14/31
Form of Decision of Court
Statement of both factual and legal bases.
Reason for requirement. Statement of Legal basis only.
-
7/31/2019 Article 8 Sec13-16
15/31
What does the rule on decisions and
petitions require?
The Court clarified the constitutionalrequirement that a decision must expressclearly and distinctly the facts and law onwhich it is based as referring only to
decisions.
-
7/31/2019 Article 8 Sec13-16
16/31
-
7/31/2019 Article 8 Sec13-16
17/31
The purpose of this requirement is to
inform the person reading the decision,
and especially the parties of how it wasreached by the court after considerationof the pertinent facts and examination
of the applicable laws.
-
7/31/2019 Article 8 Sec13-16
18/31
The proceedings in a military tribunalterminate with a simple guilty or not guiltyverdict. Does this violate the provision that
a decision of a court record shall clearlyand distinctly State the facts and the law on
which it is based?
No.
-
7/31/2019 Article 8 Sec13-16
19/31
NoteNor does Section 14 apply to the COMELEC, which
is not a court.
The Supreme Court has discretion to decidewhether minute resolutions should be used inlieu of a full dress decision.
If a Judge in his decision adopts the report of a HearingExaminer in a labor case, does he thereby violate Section
14 which requires that every decision of a court shall
clearly and distinctly state the facts and the law on whichit is based?
No.
-
7/31/2019 Article 8 Sec13-16
20/31
-
7/31/2019 Article 8 Sec13-16
21/31
(1) All cases or matters filed after the effectivityof this Constitution must be decided or
resolved within twenty-four months from dateof submission for the Supreme Court, and,
unless reduced by the Supreme Court, twelvemonths for all lower collegiate courts, and
three months for all other lower courts.
(2) A case or matter shall be deemed submittedfor decision or resolution upon the filing of
the last pending, brief, or memorandumrequired by the Rules of Court or by the court
itself.
-
7/31/2019 Article 8 Sec13-16
22/31
(3) Upon the expiration of the correspondingperiod, a certification to this effect signed by the
Chief Justice or the presiding judge shallforthwith be issued and a copy thereof attachedto the record of the case or matter, and servedupon the parties. The certification shall state
why a decision or resolution has not beenrendered or issued within said period.
(4) Despite the expiration of the applicablemandatory period, the court, without prejudice tosuch responsibility as may have been incurred inconsequence thereof, shall decide or resolve the
case or matter submitted thereto fordetermination, without further delay.
-
7/31/2019 Article 8 Sec13-16
23/31
Maximum Periods for Rendition of
Decisions From date of submission for decision or
resolution
Supreme Court
The Court of Appeals and other collegiate
appellate courts
Lower Courts
Where no decision or resolution has been
rendered or issued
-
7/31/2019 Article 8 Sec13-16
24/31
Time Limitations Mandatory
Purpose
Consequence of Violation
-
7/31/2019 Article 8 Sec13-16
25/31
What effect does the lapse of thereglementary period have on cases filedafter the effectivity of this constitution?
The case remains undecided.
-
7/31/2019 Article 8 Sec13-16
26/31
What effect does it have on the Justices orjudges concerned?
It can be a ground for impeachment or otherform of disciplinary action if it is found toconstitute culpable violation of theConstitution.
-
7/31/2019 Article 8 Sec13-16
27/31
NoteThe Code of Judicial Conduct requires judges to
decide cases and matters pending before themwithin the period fixed by law.
Their failure to do so constitutes gross inefficiencyand warrants administrative sanctions.
A heavy case load and a poor health may partiallyexcuse such lapses, only if the judges concernedrequest reasonable extensions.
In the present case, however, the respondent madeno effort to inform this Court of his reasons for
the delay, much less to request any extension.Worse, he signed certifications that all cases and
motions pending before him had been attendedto within the prescribed period.
-
7/31/2019 Article 8 Sec13-16
28/31
What effect does the lapse of thereglementary period have on cases filedbefore the effectivity of this constitution?
Answer to this is to be found in Sections 14and 14 of Article XVIII
-
7/31/2019 Article 8 Sec13-16
29/31
-
7/31/2019 Article 8 Sec13-16
30/31
The Supreme Court shall, withinthirty days from the opening ofeach regular session of the
Congress, submit to thePresident and the Congress an
annual report on the operationsand activities of the Judiciary.
-
7/31/2019 Article 8 Sec13-16
31/31
Submission of Annual Report