Civil Procedure

Atty Quicho
3C

Constitution Art 8 the Judiciary

Section 1
Judicial power vested in the SC
Duty to:
Settle actual controversies involving rights legally demandable and enforceable
Grave abuse of Discretion

Section 2
Congress power to define, prescribe jurisdiction of lower courts

Section 3
Fiscal autonomy of the judiciary
Section 4
Composition of the SC and Jurisdiction
CJ + 14 Associate Justices, en banc (all) or by 3, 5,7 member divisions)

Cases that must be heard en banc:

Constitutionality of a treaty, international/executive agreement etc
Required by the rules of court
Constitutionality of PDs, PP, AO etc.

Majority of at least 3 concurrences to decide. If not, to be decided en banc.

Section 5
Powers:
SC Original Jurisdiction:
Cases affecting ambassadors, public ministers and consuls
Certiorari
Mandamus
Prohibition
Quo warranto
Habeas Corpus

Review/Revise/Modify/Affirm on appleal or certiorari, (as per ROC)

Constitutionality/Validy of treaty/international exec. Agreement etc. (sec 1)

Criminal Cases (Reclusion Perpetua or higher)

6 month temporary assignment of judges of lower courts as public interest may

require.

Order a change of venue or place of trial.

Promulgation of simplified inexpensive rules for the protection of constitutional

rights, pleading practice and procedure.

Appoint officials and employees of the judiciary.

BP 129 (as amended by RA 7691)

Section 2 Scope: CA, CFI, CCC, Juvy and Domestic relations courts, Court of Agra Relations, City, RTC,
MTC, MCTC,

Section 3
Court Of Appeals
Composition:
Presiding Justice + 50 Associate Justices (Presidential Appointee)

Section 4
17 divisions, 3 members each
en banc for administrative, ceremonial or other non adjudicatory functions

Section 5/6
Precedence if no presiding judge (order of appointment)

Section 9
1. CA Jurisdiction:
Writs of: Mandamus
Prohibition
Certiorari
Habeas Corpus
Quo Warranto
Auxilliary writs/processes
2. Exclusive Original Jurisdiction:
Annulment of judgements of RTC
3. Exclusive appellate jurisdiction:
Resolutions/Awards/Orders of
RTC
Quasi-judicial agencies, boards, commission (SEC , SSS etc)
Power to try cases and conduct hearings, receive evidence and perform all acts necessary to
resolve factual issues raised in cases within its original and appellate jurisdiction. May
conduct new trials. Appleals must be continuous and must be completed within3 months.