Commissions may appoint their own officials and

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Unformatted text preview: er limitation on such power of the judiciary. Q: What are political questions? A: Those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. (Tañada v. Cuenco, G.R. No. L‐10520, February 28, 1957) c. JUDICIAL INDEPENDENCE SAFEGUARDS Q: What are the constitutional safeguards that guarantee independence of the judiciary? A: 1. The SC is a constitutional body and may not be abolished by law 11. The SC can appoint all officials and employees of the Judiciary. (Nachura, Reviewer in Political Law, pp. 310‐311) Q: What does the mandate of the Constitution that the judiciary shall enjoy fiscal autonomy contemplate? A: In Bengzon v. Drilon, G.R. No. 103524, April 15, 1992, the SC explained that fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize resources with the wisdom and dispatch that the needs require. It recognizes the power and authority to deny, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided by law or prescribed by it in the course of the discharge of its functions. d. JUDICIAL RESTRAINT Q: What does the Principle of Judicial Restraint mean? 2. Members are impeachment by A: It is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. 3. The SC may not be deprived of its minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence The common‐law principle of judicial restraint serves the public interest by allowing the political processes to operate withoutundue interference. (Sinaca vs Mula, G.R. No. 135691, September 27, 1999) 4. The SC has administrative supervision over all inferior courts and personnel 5. The SC has exclusive po...
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This document was uploaded on 03/12/2014.

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