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

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

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.