Log In Create Account

Philippine Bar review · Question

Practice question: Disciplinary Power (Suspension and Removal)

Multiple Choice Hard Jurisprudence

Practice question

Executive investigators collect extensive evidence of alleged judicial misconduct and give an RTC judge notice and a hearing. They then ask the President to order disciplinary dismissal solely because the President originally appointed the judge. No Supreme Court en banc disciplinary decision exists. Which is best?
  1. Evidence and a hearing automatically transfer constitutional jurisdiction.
  2. Presidential appointment makes the judicial disciplinary provision optional.
  3. The executive may dismiss if it sends the Court a copy afterward.
  4. Compliance with evidence and hearing requirements does not replace the constitutionally assigned Supreme Court en banc disciplinary authority.
  5. No lower-court judge can ever be disciplined.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VIII, Sections 6 and 11.

Answer this question in flashcards to review your response and continue practicing.