The Supreme Court denied Judge Manzano's request to join the Ilocos Norte Provincial Committee on Justice. Under the Constitution, judges cannot perform quasi-judicial or administrative functions for other agencies. Joining the committee would violate the separation of powers and independence of the judiciary.
The Supreme Court denied Judge Manzano's request to join the Ilocos Norte Provincial Committee on Justice. Under the Constitution, judges cannot perform quasi-judicial or administrative functions for other agencies. Joining the committee would violate the separation of powers and independence of the judiciary.
The Supreme Court denied Judge Manzano's request to join the Ilocos Norte Provincial Committee on Justice. Under the Constitution, judges cannot perform quasi-judicial or administrative functions for other agencies. Joining the committee would violate the separation of powers and independence of the judiciary.
The Supreme Court denied Judge Manzano's request to join the Ilocos Norte Provincial Committee on Justice. Under the Constitution, judges cannot perform quasi-judicial or administrative functions for other agencies. Joining the committee would violate the separation of powers and independence of the judiciary.
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In Re Manzano application, it cannot justify a member of the
judiciary being required to assume a position or
Act: Judge Manzano was designated as a perform a duty non-judicial in character. That is member of the Ilocos Norte Provincial implicit in the principle. Otherwise there is a Committee on Justice by the governor of Ilocos plain departure from its command. The essence Norte, thus he requested the Supreme Court for of the trust reposed in him is to decide. Only a higher court, as was emphasized by Justice the following: Barredo, can pass on his actuation. He is not a subordinate of an executive or legislative (1) Authorization to accept the appointment and official, however eminent. It is indispensable to as assume and discharge the powers and that there be no exception to the rigidity of such duties attached to the said position; a norm if he is, as expected, to be confined to the task of adjudication. Fidelity to his sworn (2) Consideration of his membership in the responsibility no less than the maintenance of Committee as neither violative of the respect for the judiciary can be satisfied with Independence of the Judiciary nor a violation of nothing less. Section 12, Article VIII, or of the second paragraph of Section .7, Article IX (B), both of ACCORDINGLY, the aforesaid request of the Constitution, and will not in any way Judge Rodolfo U. Manzano is DENIED. amount to an abandonment of his present position as Executive Judge of Branch XIX, Regional Trial Court, First Judicial Region, and as a member of the Judiciary; and
(3) Consideration of his membership in the said
Committee as part of the primary functions of an Executive Judge.
Ruling: Under the Constitution, the members of
the Supreme Court and other courts established by law shall not be designated to any agency performing quasi- judicial or administrative functions (Section 12, Art. VIII, Constitution).
Considering that membership of Judge Manzano
in the Ilocos Norte Provincial Committee on Justice, which discharges a administrative functions, will be in violation of the Constitution, the Court is constrained to deny his request.
Former Chief Justice Enrique M. Fernando in
his concurring opinion in the case of Garcia vs. Macaraig (39 SCRA 106) ably sets forth:
2. While the doctrine of separation of powers is
a relative theory not to be enforced with pedantic rigor, the practical demands of government precluding its doctrinaire