Practice question
In an ordinary merits case properly heard by a three-member Supreme Court division, all three participate and vote. Two favor granting the petition and one favors denial. What follows under Article VIII, section 4(3)?
- The two votes cannot support a division decision; the case must be decided en banc.
- The petition is automatically granted by a valid division judgment.
- The dissenting justice must be removed.
- The case is automatically dismissed for lack of jurisdiction.
- The Chief Justice may supply a nonparticipating proxy vote.
Legal references
- 1987 Constitution, Article VIII, section 4, https://lawphil.net/consti/cons1987.html
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