Standard of qualifications beyond which the court

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standard of qualifications beyond which the court cannot go in fixing additional qualifications necessary for the proper administration of judicial functions. The pretended classification is arbitrary. It is undoubtedly a class legislation. because the excuses of lack of preparation and reading materials are contrary to facts which are of general knowledge and do not justify the admission to the Bar of law students inadequately prepared. In decreeing the bar candidates who obtained in the bar examinations of 1946 to 1952, a general average of 70 per cent without falling below 50 per cent in any subject, be admitted to the practice of law, the disputed law is not a legislation; it is a judgment revoking the promulgation of the courts on those years . It seeks to take the place of the judiciary and repeal the will and judgment of the latter as to the individuals to be admitted in the Bar. iv. Article 2 of Republic Act No. 972 is not embraced in the title of the law, contrary to what the Constitution enjoins, and being inseparable from the provisions of article 1, the entire law is void. v. Lacking in eight votes to declare the nullity of that part of article 1 referring to the examinations of 1953 to 1955, said part of article 1, insofar as it concerns the examinations in those years, shall continue in force
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5. Echegaray v Justice Sec Facts: i. Echegaray was convicted by the Court of execution by lethal injection ii. The decision was suspended until the Sec. of Justice provides for review and appeal of the the Lethal Injection Manual as it makes the manual confidential, depriving the interested parties (convict, counsel and public) of information on matters of public concern which is entrenched in the Constitution iii. On Jan 4, 1999, SC issued a TRO staying the execution of Echegaray. Issues : Resp Sec of Justice, on the other hand contends that: i. The TRO is an usurpation of the executive’s exclusive right to execute the judgment of conviction because upon the finality of the decision the Court loses JD over the decision and is a dangerous precedent because it does not put an end to litigation ii. Only the President can grant pardon, commutation or reprieve iii. Announcement made by Pres. Estrada, the Golez resolution and the lack of sufficiency of Roco’s reso to repeal the law make any repeal or modification of the death penalty useless. Ruling : i. No. The issuance of the TRO is well within the powers of the Courts because it does not lose JD over the decision when the latter becomes final and executory: a. The JD of the Court on the execution of its decision remains in its hands even after it loses JD to repeal, amend or modify the said decision, which it did upon the finality of the decision. But the rule on finality of judgment does not divest the Court of JD to execute and enforce the same because there may be some supervening circumstances that may render the execution unjust or impossible. Thus, the Court is allowed to adjust the rights of the litigants.
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