Practice question
A properly sitting Supreme Court en banc considers modifying a prior division doctrine in an ordinary case. Eight Members actually participate and vote; five favor the modification and three oppose it. No special supermajority rule applies. An objector says only fifteen unanimous votes can alter a prior division doctrine. Which analysis best follows Article VIII, Section 4?
- Prior division doctrine can never be modified by any body.
- The objector is correct because en banc always means unanimity.
- The en banc body is the proper body to modify doctrine, and five is the stated majority of eight actual participants and voters.
- Only a later division may modify the doctrine.
- A private legal journal must cast the deciding vote.
Legal references
- 1987 Constitution, Article VIII, Sections 4 and 13: https://lawphil.net/consti/cons1987.html
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