ARTICLE VIII JUDICIAL DEPARTMENT

ALAGBAN | GALURA | MANAHAN | UY | I-D CONSTITUTIONAL LAW 1

Section 1 - JUDICIAL POWER Par. 1 Vested in: a) one Supreme Court b) lower courts as may be established by law Par. 2 Scope a) To settle actual controversies involving rights which are legally demandable and enforceable b) To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Section 2 JURISDICTION Par. 1 Congress: shall have the power to define, prescribe and apportion with the exception of cases in Section 5 hereof. Par. 2 Reorganization: No law shall be passed reorganizing the Judiciary when it undermines security of tenure Section 3 FISCAL AUTONOMY Par. 1 Appropriation may not be reduced After approval, appropriations shall be automatically and regularly released

Section 4 - COMPOSITION Par. 1 15 members: a) a Chief Justice b) 14 Associate Justices - May sit a) En Banc b) In its discretion (division of three, five or seven) - Vacancy shall be filled within 90 days from occurence Par. 2 Hearing and Decisions - Cases involving constitutionality of a treaty, international or executive agreement, or law shall be heard by the Supreme Court en banc - Rules of court (required to be heard en banc) regarding the constitutionality, application and operation of: PDs, proclamations, orders, instructions, ordinances, and other regulations.

Par. 3 Divisions

Section 7. 5 Promulgate rules On: a) Protection and enforcement of constitutional rights. impost. 1 . the integrated bar. practice and procedure in all courts b) The admission to the practice of law. final judgments and orders of lower courts in: a) constitutionality or validity (treaty. assessment. or modify substantive rights. or any penalty) c) Jurisdiction of any lower court in issue d) Criminal cases (reclusion perpetua or higher) e) Error or question of law Par. international or executive agreement. increase. order. and habeas corpus. 3 . as the law or the Rules of Court may provide. other public ministers and consuls b) petitions for certiorari. 6 Appointment of all officials and employees in the Judiciary Section 6 Administrative Supervision over all Courts and personnel thereof. 1 Justices a) Natural-born citizen of the Philippines b) At least 40 years of age c) For 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines . prohibition. revise. reverse. Doctrines shall only be modified or reversed by the Supreme Court sitting en banc Section 5 POWERS Par. modify.Original jurisdiction: a) cases affecting ambassadors.- - Cases heard by a division shall be resolved with the concurrence of a majority of the Members who actually took part in the deliberations and in no case without the concurrence of at least three of such Members. d) Other rules shall remain effective unless disapproved by the Supreme Court Par. pleading. proclamation. presidential decree. quo warranto.Lower courts to other stations (public interest) .Review. 4 Change of venue Par. 2 . or toll. ordinance. mandamus.Shall not exceed six months without consent of the judge concerned Par. Par.QUALIFICATIONS Par. instruction. or affirm on appeal or certiorari. and legal assistance Form: a) Simplified and inexpensive procedure for the speedy disposition of cases b) Uniform for all courts of the same grade c) Shall not diminish.Temporary Assignment of Judges . law. or regulation) b) Legality (tax.

Par. 3 Characteristics: competence.Composition a) Chief Justice as ex officio Chairman b) Secretary of Justice (ex officio member) c) Representative of the Congress (ex officio member) d) Representative of the Integrated Bar e) Professor of law f) Retired member of the SC g) Representative of the private sector Par. 2 Lower courts . 10 Salary fixed by law and shall not be decreased during continuance in office Sec.Appointed by the President from at least 3 nominees from the JBC .Determined by the Supreme Court .Disciplining Members: SC shall have power to discipline judges of lower courts or order their dismissal .Citizen of the Philippines Par. Section 10 & Section 11 BENEFITS Sec. 2 Qualifications . 2 Term of Office a) regular members appointed by President: 4 years b) Representative of Integrated Bar 4 years c) Professor of Law 3 years d) Retired Justice 2 years e) Representative of private sector 1 year Par. and independence Section 8 JUDICIAL AND BAR COUNCIL Par. 11 Tenure: during good behavior until they reach the age of 70 years or become incapacitated .Need no confirmation Par. 3 Clerk of the Supreme Court as Secretary ex officio Par.SC shall provide its annual budget Par.1 . 5 Recommending Appointees Supreme Court may assign it may exercise other functions and duties as the Section 9 APPOINTMENT OF MEMBERS Par. 4 Emoluments .Congress shall provide . 1 Supreme Court and lower courts . probity.Must be members of the IBP . integrity.President shall issue the appointments within ninety days from the submission of the list.

Section 12 RESTRICTIONS . 4 Judgment despite expiration Section 16 ANNUAL REPORT 30 days from the opening of each regular session of the Congress Submit to the President of the Congress Annual report on the operations and activities of the Judiciary . 1 No decision shall be rendered Par. 2 Submitted for decision or resolution Par. 3 Expiration of Period Par. 1 Time for action Par. 13 Conclusions Sec. 15 Mandatory Period for Decisions Par. 2 No petition or motion for reconsideration shall be refused due Course or denied Sec. 14 Stating the Legal Basis Par. 13 Consultation Sec.DECISIONS Sec.shall not be designated to any agency performing quasi-judicial or administrative functions Section 13. 14. & 15 .

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