judicial power and
judicial function
Teodoro Santiago was a Grade 6 pupil at Sero Elem.
School
They contend that the committee acted with
grave abuse of official discretion because they claim that
o
the 1st
and 2nd placers had never been a close rival of Santiago
o
That Santiago
o
that the 1st placer was coached
and tutored by grade 6 teachers during the summer (gaining unfair advantage)
o
The committee was composed only of Grade 6
teachers.
o
That some teachers gave Santos
o
That in the Honors Certificate in Grade
1, the word “first place” was erased and
replaced with “second place”
o
That the Principal and district supervisors
merely passed the buck to each other to delay his grievances.
The respondents filed a MTD claiming that the
action was improper, and that even assuming it was proper, the question has
become academic (because the graduation already proceeded).
Respondents also argue that there was no
GADALEJ on the part of the teachers since the Committee on Ratings is not a
tribunal, nor board, exercising judicial functions. (under Rule 65, certiorari
is a remedy against judicial functions)
ISSUE:
may judicial function be exercised in this case? What is judicial power?
SC:
A
judicial function is an act performed by virtue of judicial powers. The
exercise of judicial function is the doing of something in the nature of the
action of the court. In order for an action for certiorari to exist, (TEST
TO DETERMINE WHETHER A TRIBUNAL OR BOARD EXERCISES JUDICIAL FUNCTIONS)
1)
there must be specific controversy involving rights of persons brought before a
tribunal for hearing and determination. , and
2)
that the tribunal must have the power and authority to pronounce judgment and
render a decision.
3)
the tribunal must pertain to that branch of the sovereign which belongs to the
judiciary (or at least the not the legislative nor the executive)
It
maybe said that the exercise of judicial function is to determine what the law
is, and what the legal rights of parties are, with respect to a matter in
controversy.
The
phrase judicial power is defined:
- as
authority to determine the rights of persons or property.
- authority
vested in some court, officer or persons to hear and determine when the
rights of persons or property or the propriety of doing an act is the
subject matter of adjudication.
- The
power exercised by courts in hearing and determining cases before them.
- The
construction of laws and the adjudication of legal rights.
The
so-called Committee for Rating Honor Students are neither judicial nor
quasi-judicial bodies in the performance of its assigned task. It is necessary
that there be a LAW that gives rise to some specific rights of persons or
property under which adverse claims to such rights are made, and the
controversy ensuring therefrom is brought in turn, to the tribunal or board
clothed with power and authority to determine what that law is and thereupon
adjudicate the respective rights of contending parties.
There
is nothing about any rule of law that provides for when teachers sit down to
assess individual merits of their pupils for purposes of rating them for honors.
Worse still, the petitioners have not presented the pertinent provisions of the
Service Manual for Teachers which was allegedly violated by the Committee.
The
judiciary has no power to reverse the award of the board of judges.
And
for that matter, it would not interfere in literary contests, beauty contests,
and similar competitions.
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