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Philippine Bar review · Question

Practice question: En Banc and Division Cases

Multiple Choice Hard

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?
  1. Prior division doctrine can never be modified by any body.
  2. The objector is correct because en banc always means unanimity.
  3. The en banc body is the proper body to modify doctrine, and five is the stated majority of eight actual participants and voters.
  4. Only a later division may modify the doctrine.
  5. 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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