Practice question
A seven-member Supreme Court division properly hears an ordinary case. Two Members inhibit, and all remaining five deliberate and vote. Three concur in a disposition that applies existing doctrine without modifying it. Does that concurrence satisfy Section 4(3)’s stated vote conditions?
- Yes; it is a majority of the five participants and voters and includes at least three concurring Members.
- No; every authorized division Member must vote despite inhibition.
- No; seven votes are required for every division case.
- Yes; one vote would have been sufficient.
- No; divisions cannot apply any existing doctrine.
Legal references
- 1987 Constitution, Article VIII, Sections 4 and 13: https://lawphil.net/consti/cons1987.html
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