The original members of the

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Unformatted text preview: wer to discipline judges/justices of inferior courts 6. The members of the judiciary enjoy security of tenure (Sec. 2 [2], Art. VIII, 1987 Constitution) In terms of legislative acts, the principle of judicial restraint means that every intendment of the law must be adjudged by the courts in favor of its constitutionality, invalidity being a measure of last resort. In construing therefore the provisions of a statute, courts must first ascertain whether an interpretation is fairly possible to sidestep the question of constitutionality. (Estrada v. only removable ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 61 UST GOLDEN NOTES 2011 Sandiganbayan, G.R. No. 148560, November 19, 2001) however, exercise such functions as the SC may assign to it. The doctrine of separation of powers imposes upon the courts proper restraint born of the nature of their functions and of their respect for the other departments in striking down acts of the legislature as unconstitutional. (Francisco, Jr. v. The House of Representatives, G.R. No. 160261, Bellosillo J., Separate Opinion, November 10, 2003) Q: How long can members of the SC and judges hold office? A: Members of the SC and judges of lower courts can hold office during good behavior until: 1. The age of 70 years old; or 2. They become incapacitated to discharge their duties. e. APPOINTMENTS TO THE JUDICIARY Q: How are members of the judiciary appointed? A: The members of the judiciary are appointed by the President of the Philippines from among a list of at least three nominees prepared by the Judicial and Bar Council (JBC) for every vacancy. Note: The appointment shall need no confirmation by the Commission on Appointments. (Sec. 9, Art. VIII) Vacancies in the SC should be filled within 90 days from the occurrence of th...
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