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Article VIII

JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested
in one Supreme Court and in such lower courts
as may be established by law. Jurisdiction:
The power to hear and decide cases.
SCOPE OF JUDICIAL POWER
1. Adjudicatory Power
2. Power of Judicial review
3. Incidental powers
GIVING OF ADVISORY OPINIONS NOT A
JUDICIAL FUNCTION
1. It is a function of executive officials.
2. Doctrine of separation of powers
3. Pendency of many actual cases.
JUDICIAL
POWER
VESTED
IN
ONE
SUPREME COURT and IN LOWER COURTS
As the highest court of the land, the decisions
of the Supreme Court are binding on all lower
tribunals.
a. Classification of courts Only the
Supreme Court is a constitutional court.
b. Congress may abolish any or all lower
courts and replace them with other
courts. It cannot however abolish the
Supreme Court or create an additional
Supreme Court.
ORGANIZATION OF COURTS

QUASI-JUDICIAL AGENCIES
Administrative bodies under the executive
branch performing quasi-judicial functions do
not form part of the integrated judicial system.
Section 2. Limitations to the exercise of
power to apportion jurisdiction of various
courts vested in Congress:
1. The Congress cannot diminish original and
appellate jurisdiction of the Supreme Court
over enumerated in Section 5.
2. No law shall be passed reorganizing the
judiciary when it undermines security tenure.
3. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court
without its advice and concurrence.
JURISDICTION OF COURTS
1. General - the court's authority to hear all
kinds
of
cases.
2.
Limited
or
special jurisdiction - is the jurisdiction of
court only on certain types of cases such as
bankruptcy, family matters, etc.
3. Original - the power to hear a case for the
first time
4. Appellate - when a higher court has the
power to review a lower court's decision.
5. Exclusive - exclusive jurisdiction exists
where one court has the power to adjudicate a
case to the exclusion of all other courts.
6. Concurrent - more than one court may
take jurisdiction over the case
7. Criminal for the punishment of crime.
8. Civil exists when the subject matter is not
of a criminal nature.

Section 3. Fiscal
Autonomymeans
freedom
from
outside
control.
The
appropriations for the judiciary may not be
reduced but they may be increased.
Section
4.
COMPOSITION
SUPREME COURT

OF

THE

The Supreme Court has fifteen (15) members


including the Chief Justice Any vacancy will be
filled within ninety (90) days from the
occurrence thereof.
SITTING PROCEDURE - The Supreme Court
may sit and hear cases en banc (as one body)
or in divisions of three (3), five (5), or seven (7)
members.
CASES TO BE HEARD BY THE SUPREME
COURT EN BANC:
1. constitutionality or validity of any treaty,
law, executive order, etc. is in question;
2. Cases raising novel questions of law;
3. Cases affecting ambassadors, ministers and
consuls
4. Cases involving decisions, resolutions or
orders of the Comelec, CoA, etc.
5. Cases where the penalty to be imposed is
the dismissal of a judge
6. Cases where a doctrine or principle may be
modified or reversed;
7. Cases assigned to a division which in the
opinion of at least three (3) members thereof
merit the attention of the court en banc
8. All other cases as the court en banc by a
majority of its actual membership may deem
of sufficient importance to merit its attention.
The quorum of the Supreme Court when
sitting en banc is eight (8).
Section 5. POWERS OF THE SUPREME
COURT
A. Original jurisdiction of Supreme Court
1. Over cases affecting ambassadors, public
ministers and consuls
2. Over petitions for certiorari, etc
Scheneckerburger vs. Moran, 63 Phil.
249 (1943)
B. Power to overrule the lower courts
decisions
C. Power to assign judges
D. Power to change venue of trial
PEOPLE vs. GUTIERREZ

E. Rule making power


LIMITATIONS
ON
THE
RULE-MAKING
POWER OF THE SUPREME COURT
1. Such rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases;
2. They shall be uniform for all courts of the
same grade;
3. They shall not diminish, increase, or modify
substantive rights.
Section 6.
Supreme Court exercises administrative
supervision over all courts from the Court of
Appeals down to the lowest courts and the
personnel thereof.
(President)
Exercised
it through
the
Department of Justice headed by the
Secretary of Justice
(Secretary of justice) no more and no less
than the alter ego of the president.
The power of administrative supervision of
the Supreme Court extends to the
Sandiganbayan, a special court, because
Section 6 refers to all courts.
Section
7.
QUALIFICATIONS
MEMBERS OF THE SUPREME COURT:

FOR

He must be a natural-born citizen of the


Philippines. (A NATURALIZED CITIZEN MAY
NOT BE APPOINTED)
He must be at least forty (40) years of age
He must have, for fifteen (15) years or
more, been a judge of a lower court or
engaged in the practice of law in the
Philippines
He must be a person of proven
competence,
integrity,
probity,
and
independence

QUALIFICATIONS OF MEMBERS OF ANY


LOWER COLLEGIATE COURT:
*lower collegiate court composed of more
than one judge, i.e., sandiganbayan, court
of appeals, and court of tax appeals.
(1) shall be prescribed by the congress (judges
of lower courts)
(2) must be natural-born citizens of the
Philippines.

Court of Appeals the Philippines secondhighest judicial court, after Supreme Court;
consists of 69 associate justices and 1
presiding justice.

incapacitated, physically or mentally,


discharge the duties of their office

Court of Tax Appeals is the special court of


limited jurisdiction, and has the same level
with the Court of Appeals; consists of 8
Associate Justices and 1 Presiding Justice.

3. Termination of right to hold officeImpeachment affirmed by a 1/3 vote of all the


members of the Senate.

Section 8.

4. Abolition of office

Judicial and Bar Council recommends


appointees for vacancies that may arise in the
composition of the Supreme Court and other
lower courts.
Ex Officio holding a position or membership
due to the power or influence of ones office,
and not only by election or appointment.
Emoluments the returns arising from office
or employment usually in the form of
compensation or perquisites.

DISCIPLINING OR DISMISSAL OF JUDGES

Section 9. APPOINTMENT OF MEMBERS OF


THE SUPREME COURT AND JUDGES OF
LOWER COURTS

1. Separation of powers
2. Independence of the members
3. Delay of cases

(1) Non-political process of selection and


appointment
(2) List of at least three (3) nominees
(3) Judicial and Bar Council
(4) Exclusive
authority
to
recommend
appointees to judiciary

Section 13. PROCEDURE IN RENDERING


DECISIONS

Section 10. COMPENSATION OF MEMBERS


OF THE JUDICIARY
1. Prohibition against reduction - the initial
annual salary of the Chief Justice is P240,000
and each Associate Justice, P204, 000
2. Purpose of the prohibition The purpose is
not to benefit the judges but to attract good
and competent men to the bench and to
promote their independence of action and
judgment.
* Their salaries are subject to the payment of
income tax.
Section 11.
TENURE OF
MEMBERS OF THE JUDICIARY

OFFICE

OF

1. Importance of security of tenure- They shall


hold the office during good behavior until they
reach the age of 70 years or become

to

2. Retirement age- restored to 70.

Case: Renato Corona

The present Constitution gives to the Supreme


Court the power to discipline judges of lower
courts, including justices of the Court of
Appeals and the Sandiganbayan.
Section
12.
PROHIBITION
AGAINST
DESIGNATION TO QUASI-JUDICIAL AND/OR
ADMINISTRATIVE AGENCIES

It is incumbent on the justices to take part


in the consideration and decision of every
case.
NON-PARTICIPATION,
DISSENT,
OR
ABSTENTION
Any member of the Supreme Court or a
lower collegiate court who took no part or
dissented or abstained from a decision shall
state the reasons for his non-participation,
dissent or abstention. His vote could have
resulted in a different decision.
Section 14. DECISION
It is the final judgement on the merits of
the case.
A judgement is deemed to be rendered
upon the merits when it amounts to a
declaration of the law.

FORM OF DECISION OF COURT


- Every decision of a court shall clearly and
distinctly state the facts and the law on
which it is based.
Section 15.

(1)Maximum periods for rendition of


decisions
1) Supreme Court within 24 months
2) The Court of Appeals and other
collegiate appellate courts within
12 months
3) Lower Courts within 3 months
(2)A case or matter is deemed submitted for
from the date the last pleading is filed.
(3)The time limitations established are
mandatory.
(4)A court must still decide a case or matter
even after the lapse of the applicable
maximum period .

Section 16.
REPORT

SUBMISSION

OF

ANNUAL

Through such reports and recommendations,


the President and Congress may be guided in
proposing or in the enactment of legislations
affecting the courts and the administration of
justice.