Friday, July 12, 2019

the "inherent powers doctrine refers to the principle, by which the courts deal with diverse matters over which they are thought to have intrinsic authority like procedural [rule-making] and general judicial housekeeping. To justify the invocation or exercise of inherent powers, a court must show that the powers are reasonably necessary to achieve the specific purpose for which the exercise is sought. Inherent powers enable the judiciary to accomplish its constitutionally mandated functions.

In this light, the Court expounded on the inherent powers of a court endowed with subject matter jurisdiction:

[A] court which is endowed with a particular jurisdiction should have powers which are necessary to enable it to act effectively within such jurisdiction. These should be regarded as powers which are inherent in its jurisdiction and the court must possess them in order to enforce its rules of practice and to suppress any abuses of its process and to t defeat any attempted thwarting of such process.

x x x x 

Indeed, courts possess certain inherent powers which may be said to be implied from a general grant of jurisdiction, in addition to those expressly conferred on them. These inherent powers are such powers as are necessary for the ordinary and efficient exercise of jurisdiction; or are essential to the existence, dignity and functions of the courts, as well as to the due administration of justice; or are directly appropriate, convenient and suitable to the execution of their granted powers; and include the power to maintain the court's jurisdiction and render it effective in behalf of the litigants.[214] (Emphases and underscoring supplied)

Broadly speaking, the inherent powers of the courts resonates the long-entrenched constitutional principle, articulated way back in the 1936 case of Angara, that "where a general power is conferred or duty enjoined, every particular power necessary for the exercise of the one or the performance of the other is also conferred."[215]

In the United States, the "inherent powers doctrine refers to the principle, by which the courts deal with diverse matters over which they are thought to have intrinsic authority like procedural [rule-making] and general judicial housekeeping. To justify the invocation or exercise of inherent powers, a court must show that the powers are reasonably necessary to achieve the specific purpose for which the exercise is sought. Inherent powers enable the judiciary to accomplish its constitutionally mandated functions."[216]

In Smothers v. Lewis[217] (Smothers), a case involving the constitutionality of a statute which prohibited courts from enjoining the enforcement of a revocation order of an alcohol beverage license pending appeal,[218] the Supreme Court of Kentucky held:

[T]he Court is x x x vested with certain "inherent" powers to do that which is reasonably necessary for the administration of justice within the scope of their jurisdiction. x x x [W]e said while considering the rule making power and the judicial power to be one and the same that ". . . the grant of judicial power [rule making power] to the courts by the constitution carries with it, as a necessary incident, the right to make that power effective in the administration of justice." (Emphases supplied)

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IN THE MATTER OF THE ALLEGATIONS CONTAINED IN THE COLUMNS OF MR. AMADO P. MACASAET PUBLISHED IN MALAYA DATED SEPTEMBER 18, 19, 20 AND 21, 2007. D E C I S I O N

  Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. 07-09-13-SC             August 8, 2008 IN THE MATTER OF THE ALLEGATIONS ...