G.R. No. L-25024 March 30, 1970 [Judicial Power]
FACTS:
Teodoro Santiago, a grade 6 pupil, was adjudged 3rd honor. 2
days before his graduation, Ted and his parents sought the invalidation of the
ranking of the honor students. They filed a Certiorari case against the
principal and teachers who composed the committee on rating honors..
Respondents filed a MTD claiming that the action was improper, and even
assuming it was proper, the question has become academic (bc the graduation
already proceeded. They also argue that there was no GADALEJ on the part of the
teachers since the Committee on Ratings is not a tribunal, nor board,
exercising judicial functions, under Rule 65, certiorari is a remedy against
judicial function
ISSUE: WoN judicial function be exercised in this case.
RULING:
A judicial function is an act performed by virtue of
judicial powers. The exercise of judicial function is the doing of something in
the nature of the action of the court. In order for an action for certiorari to
exist,
Test to determine whether a tribunal or board exercises
judicial functions:
1) there must be specific controversy involving rights of
persons brought before a tribunal for hearing and determination.
2) that the tribunal must have the power and authority to
pronounce judgment and render a decision.
3) the tribunal must pertain to that branch of the sovereign
which belongs to the judiciary (or at least the not the legislative nor the
executive)
It may be said that the exercise of judicial function is to
determine what the law is, and what the legal rights of parties are, with
respect to a matter in controversy.
Judicial power is defined:
• as
authority to determine the rights of persons or property.
• authority
vested in some court, officer or persons to hear and determine when the rights
of persons or property or the propriety of doing an act is the subject matter
of adjudication.
• The power
exercised by courts in hearing and determining cases before them.
• The
construction of laws and the adjudication of legal rights.
