AN ACT AMENDING SECTIONS NINE AND SEVENTEEN OF THE JUDICIARY ACT OF 1948.

Case Overview and Summary

Summary of Republic Act No. 5440

Composition and Quorum of the Supreme Court (Section 1):
- The Supreme Court shall consist of a Chief Justice and ten Associate Justices.
- A quorum of six Justices is required, except in cases involving the death penalty, where eight Justices are required.
- If there is no quorum due to illness, absence, or incapacity of Justices, the President may designate Justices from the Court of Appeals or District Judges to temporarily sit in the Supreme Court to form a quorum.
- At least six Justices must concur for a judgment, except for declaring a law or treaty unconstitutional, where at least eight Justices must concur.
- If the required majority to declare a law or treaty unconstitutional cannot be reached, the validity or constitutionality shall be deemed upheld.
- In cases involving the death penalty, eight Justices must determine the case. If eight Justices fail to reach a decision, the penalty next lower in degree shall be imposed.

Jurisdiction of the Supreme Court (Section 2):
- Original jurisdiction over cases affecting ambassadors, public ministers, and consuls.
- Original and exclusive jurisdiction in petitions for writs of certiorari, prohibition, and mandamus against the Court of Appeals.
- Original and concurrent jurisdiction with Courts of First Instance in:
1. Petitions for writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus (Section 2).
2. Actions to prevent and restrain violations of laws concerning monopolies and combinations in restraint of trade (Section 2).
- Exclusive jurisdiction to review, revise, reverse, modify or affirm on appeal:
1. All criminal cases involving offenses punishable by death or life imprisonment, and related offenses (Section 2).
2. All cases involving petitions for naturalization or denaturalization (Section 2).
3. All decisions of the Auditor General, if the appellant is a private person or entity (Section 2).
- Exclusive jurisdiction to review, revise, reverse, modify or affirm on certiorari:
1. Cases questioning the constitutionality or validity of any treaty, law, ordinance, or executive order or regulation (Section 2).
2. Cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto (Section 2).
3. Cases in which the jurisdiction of any inferior court is in issue (Section 2).
4. All other cases involving only errors or questions of law, except those also involving questions of fact or mixed questions of fact and law, which shall be appealed to the Court of Appeals first (Section 2).
5. Final awards, judgments, decisions, or orders of the Commission on Elections, Court of Tax Appeals, Court of Industrial Relations, Public Service Commission, and Workmen's Compensation Commission (Section 2).

Procedure for Petitions for Writs of Certiorari (Section 3):
- The Supreme Court shall provide rules for the procedure governing petitions for writs of certiorari to review judgments mentioned in Section 17 and the effect of filing such petitions.
- Until the Supreme Court provides otherwise, such petitions shall be filed within the period fixed in the rules of court for appeals, depending on the nature of the case.
- The filing of the petition shall stay the execution of the judgment sought to be reviewed.
- The petitions shall be filed and served in the form required for petitions for review by certiorari of decisions of the Court of Appeals.

Transitional Provisions (Sections 4 and 5):
- This Act shall not affect appeals perfected before its passage (Section 4).
- This Act shall take effect upon its approval (Section 5).