2017 PDF Villasis rem pre week (Judge Bathan)-2.pdf - VILLASIS LAW CENTER BAR REVIEW 2017 PRE-WEEK NOTES FOR REMEDIAL LAW BAR EXAMINATION 1 By Eleuterio

2017 PDF Villasis rem pre week (Judge Bathan)-2.pdf -...

This preview shows page 1 - 3 out of 37 pages.

VILLASIS LAW CENTER BAR REVIEW 2017 PRE-WEEK NOTES 1 FOR REMEDIAL LAW BAR EXAMINATION By: Eleuterio L. Bathan 2 Question No 1. What is a minute trial? n Supreme Court’s reviewing power: Case: The JBC’s five (5) year minimum requirement policy is embodied in its rules and procedures. Judge Hapilong is on his fourth year as Regional Trial Court judge in Marawi City. He applied for promotion to the Sandiganbayan . However, his application was rejected by the Judicial and Bar Council (JBC) on the ground that he has not yet reached the minimum five (5) year stay policy in the Regional Trial Court as judge. Judge Hapilong challenged the JBC said JBC Policy. Supreme Court has the power and authority to review the J BC’ s act. By virtue of the Court's supervisory duty over the JBC and in the exercise of its expanded judicial power, the Court assumes jurisdiction over the present petition. The Court can appropriately take cognizance of this case by virtue of the Court's power of supervision over the JBC . Jurisprudence provides that the power of supervision is the power of oversight, or the authority to see that subordinate officers perform their duties. It ensures that the laws and the rules governing the conduct of a government entity are 1 Part I. THIS IS NOT FOR SALE !!! 2 Presiding Judge, RTC, Branch 92, Quezon City. San Sebastian College of Law, Manila
Image of page 1
observed and complied with. Supervising officials see to it that rules are followed, but they themselves do not lay down such rules, nor do they have the discretion to modify or replace them. If the rules are not observed, they may order the work done or redone, but only to conform to such rules. They may not prescribe their own manner of execution of the act. They have no discretion on this matter except to see to it that the rules are followed. Following this definition, the supervisory authority of the Court over the JBC is to see to it that the JBC complies with its own rules and procedures. Thus, when the policies of the JBC are being attacked, then the Court, through its supervisory authority over the JBC, has the duty to inquire about the matter and ensure that the JBC complies with its own rules (Judge Villanueva vs. JBC, 2015) . On Jurisdiction: Take note of the rule that: trial court may motu proprio or ex mere motu dismiss the case/complaint if it has no jurisdiction over the subject matter; decision rendered by the court without jurisdiction over the subject matter is null and void; if the trial court has no jurisdiction over the subject matter the only power it has is to dismiss the case. Therefore, on aspects of jurisdiction whether regular courts (MTC or RTC) or quasi-judicial bodies, observe the following basic guidelines: Rule No. 1.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 37 pages?

  • Fall '16
  • Dean
  • Law, Pleading, Appellate court

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture