ARTICLE VIII legislative or executive act invalid because it is in conflict

Judicial Department with the fundamental law.

Judiciary • Incidental Power
It is also known as the judicial system or court system is the system • The powers essential for the discharge of their judiciary
of courts that interprets and applies the law in the name of the state. function.
Secrtion 1 Supreme Court- It is the final decision maker and the highest court of
the land.
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law. Classes of Courts
Judicial power includes the duty of the courts of justice to settle  Constitutional Court- Provided by the Constitution
actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a  One Supreme Court
grave abuse of discretion amounting to lack or excess of jurisdiction  Statutory Court Creations of law
on the part of any branch or instrumentality of the Government.
- Legislative
Judicial Power
 Lower Courts
It is the power to apply the laws to contests or disputes concerning
legally recognized rights and duties between the State and the private - Courts below the Supreme Court
persons, or between individual litigants in cases properly brought
before judicial tribunals.
Regular
Scopes of Judicial Power
 Court of Appeals
• Adjudicatory Power
 Regional Trial Court:
• To settle actual controversies involving rights
-Metropolitan Trial Court
• To determine whether there has been a grave abuse of
discretion to lack or excess of jurisdiction - Municipal Trial Court

• Judicial Review - Municipal Circuit Trial Court

• It is the power of the courts, ultimately of the Supreme  Shari’a District Court
Court, to interpret the Constitution and to declare any
Special • Members of judiciary enjoy security of tenure
 Sandiganbayan • Members of judiciary may not be designated to any agency
performing quasi-judicial or administrative functions
- Review cases filed against government officials
• Salaries of judges may not be reduced; judiciary enjoys
 Court of Tax Appeals
fiscal autonomy
- Review appeals on the decisions of the BIR
• Supreme Court alone may initiate Rules of Court
• Supreme Court alone may order temporary detail of judges;
Section 2 and

The Congress shall have the power to define, prescribe and apportion • Supreme Court can appoint all officials and employees of the
the jurisdiction of the various courts but may not deprive the Judiciary
Supreme Court of its jurisdiction over cases enumerated in Section 5.
Section 3
No law shall be passed recognizing the judiciary when it undermines
The Judiciary shall enjoy fiscal autonomy. Appropriations for the
the security of tenure of its Members.
Judiciary may not be reduced y the legislature below the amount
appropriated for the previous year and, after approval, shall be filled
within ninety days from the occurrence thereof.
Safeguards that Guarantee the Independence of the Judiciary
Section 4
• Supreme Court is a constitutional body that cannot be
abolished by law • The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its
• Members of the judiciary are removable only through discretion, in division of three, five, or seven Members. Any
impeachment vacancy shall be filled within ninety days from the
• Supreme Court may not be deprived of minimum and occurrence thereof.
appellate jurisdiction • (2) All cases involving the constitutionality of a treaty,
• Supreme Court has administrative supervision over all international or executive agreement, or law, which shall be
inferior courts and personnel heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en
• Supreme Court has exclusive power to discipline judges and banc, including those involving the constitutionality,
justices of inferior courts application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
 regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
• (3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in
the case and voted thereon, and in no case without the
concurrence of at least three of such Members. When the
required number is not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in
division may be modified or reversed except by the court
sitting en banc.
Composition of Supreme court
Section 5
• Composed of 15 judges
• Chief justice
• Appointed by the president
• Hearing procedure
• Due to huge volume of pending cases filed at them
• En banc
• Division of three members (5 divisions)
• Division of five members (3 divisions)
• Divisions of seven members (2 divisions)
• -gravity and importance of the case
• At least three judges agreeing
En banc session
• Constitutionality issues
• Treaty, international law, executive agreement, laws
• Presidential decrees, proclamations, and orders
• Majority of the members of the judiciary who participated in
the hearing.
• If majority votes were obtained, constitutionality is upheld
• 15 members- quorums is --8 votesrequired—5
• Administrative proceedings for the dismissal of a judge of a
lower court
• Supreme Court shall have the following powers:
• (1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
• (2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
• (a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or
regulation is in question.
• (b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
• (c) All cases in which the jurisdiction of any lower court is
in issue.
• (d) All criminal cases in which the penalty imposed
is reclusion perpetua or higher.
• (e) All cases in which only an error or question of law is
involved.
• (3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent
of the judge concerned.
• (4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
• (5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law,
the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
• (6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law
Powers of the judiciary
• Settle disputes concerning consuls or diplomats
• They enjoy immunity from domestic suits or cases
• Petition for certiorari
Special civil action requesting a lower court or body to transmit the
records to the superior court for review
• Prohibition
Writ by which the superior court prohibits the lower court to body to
stop further proceedings
• Mandamus
Order by a superior court to a lower court to do perform a certain act
which it is bound to do so.
• Quo warrnato
Action by the government to recover an office or franchise from an
individual unlawfully holding it.
• Automatic review of cases sentenced by lower court with
reclusion perpetua or death penalty.
Section 6
• The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.
Section 7. The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following
their election. No Member of the House of Representatives shall serve
for more than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was
elected.
Qualifications for members of the Supreme Court and any lower
collegiate court.
(1) Must be a natural-born citizen of the PH.
(2) Must be at least 40 years of age
(3) Must have, for 15 years or more, been a judge, of a lower court
or engaged in the practice of law in the PH.
Qualifications of judges of the lower courts.
(1) Must be a citizen of the PH
(2) Must be a member of the PH Bar
(3) Must be a person of proven competence, integrity, probity,
and patience.
NOTE: Congress may not alter the qualifications of members of the
Supreme Court and the constitutional qualifications of other members
of the Judiciary. But Congress may alter the statutory qualifications of
judges and justices of lower courts.
Section 8. Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of Representatives shall
be held on the second Monday of May.
(1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of:
 Chief Justice as ex offficio Chairman
 The Secretary of Justice, ad a representative of the congress
as ex officio members.
 Representative of Congress – Ex officio member
 A representative of the Integrated Bar
 A professor of Law
 A retired member of the supreme court
 A representative of the private sector
 Clerk of the Supreme Court – Secretary de Officio
(2) Regular Members of the Council – appointed by the President
for a term of 4 years with consent of the Commission on
Appointments
(3) Of the members appointed, the representative of the
Integrated bar shall serve for four years.
 The professor of law for 3 years
 The retired justice for 2 years
 The representative of the private sector for 1 year
(4) The clerk of the Supreme Court shall be the secretary ex
officio of the council and shall keep a record of its
proceedings.
(5) The regular members of the council shall receive such
emoluments as may be determined by the supreme court. The
Supreme Court shall provide in its annual budget in the
appropriations for the council.
Powers and Functions of Judicial and Bar Council
(1) Recommend appointees to the Judiciary
(2) Recommend appointees to the Office of the Ombudsman and
has (di ko maintindihan sa pinicture ni abi)
(3) May exercise such other function as maybe assigned by the
Supreme Court
NOTE: The Judicial and Bar Council wa principally designed to
eliminate politics from the appointment of judges and justices. Thus,
appointment to the judiciary do not have to go through a political Compensation of members of the judiciary
Commission on Appointments. (1) Prohibition against reduction. — The salary of the members of
Section 9. In case of vacancy in the Senate or in the House of the Supreme Court and of judges of the lower courts shall be fixed
Representatives, a special election may be called to fill such vacancy
by law.
in the manner prescribed by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the
unexpired term. Initial annual salary of the Chief Justice — P240,000
The members of the Supreme Court and judges of the lower courts each Associate Justices — P204,000
shall be appointed by the president from a list of at least 3 nominees
(Art. XVIII, Sec. 17.)
prepares by the Judicial and bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the appointments within Their salaries shall not be decreased but they may be
90 days from the submission of the list. increased during their tenure;
Appointment of Members of the Supreme Court and Judges of Lower
Courts (2) Purpose of the prohibition. — not to benefit the judges but to
1. Non-political process of selection appointment. attract good and competent men to the bench and to promote
2. List of at least 3 nominees
their independence of action and judgment
3. Judicial and Bar Council
4. Exclusive authority to recommend appointees to judiciary.
Sec. 10. The salary of the Chief Justice and of the Associate The salaries of the members of the Supreme Court and judges of lower

Justices of the Supreme Court, and of judges of lower courts shall courts are subject to the payment of income tax.

be fixed by law. During their continuance in office, their salary

shall not be decreased. Sec. 11. Tenure and Disciplinary Powers of the Supreme Court

Tenure of office of members of the judiciary

They shall hold office during good behavior until
(a) they reach the age of 70 years; or
(b) become incapacitated, physically or mentally
Good behavior — conduct authorised by law;
(1) Members of the Supreme Court — They have not committed any
offenses which are grounds for impeachment. (Art. XI, Sec. 2.)
(2) Judges of lower courts — Aside from the grounds for
impeachment, judges may be removed from office for gross
ignorance of the law, incompetence, and immorality.
Retirement age — 70 years
Disciplinary actions
(1) Termination of right to hold office
(a) Impeachment of the members of the Supreme Court
(Art. XI, Sec. 2.)
(b) As for judges of lower courts, Congress has the
power to prescribe the procedure and the causes for
their removal
(c) Congress may also validly provide for the process of
determining the incapacity of a judge to discharge the
duties of his office
(2) Disciplining or dismissal of judges of lower courts
(a) Supreme Court has the power to discipline judges of
lower courts
(b) Dismissal — vote of a majority of the members who
actually took part in the deliberations
Sec. 12. The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
Prohibitions
(1) Violates the doctrine of separation of powers between the
judicial and executive branches of the government;
(2) It may compromise the independence of the members in the
performance of their judicial functions; and
(3) Delay in the disposition of pending cases in courts
Section 13
The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in any division shall be reached in consultation
before the case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect signed by the Chief
Justice shall be issued and a copy thereof attached to the record of
the case and served upon the parties. Any Member who took no part,
or dissented, or abstained from decision or resolution must state the
reason therefor. The same requirements shall be observed by all
lower collegiate courts
En Banc c. Orders
(on bonk) French for "in the bench," it signifies a decision by the full d. Instructions
court of all the appeals judges in jurisdictions where there is more
e. Ordinances; and
than one three- or four-judge panel. The larger number sit in
judgment when the court feels there is a particularly significant issue f. Other regulations.
at stake or when requested by one or both parties to the case and
agreed to by the court. 4. Cases heard by a division where required majority of 3 was not
obtained.
5. Cases where SC modifies or reverses a doctrine or principle of
Hearing of cases: law laid down by the SC en banc or by a division.
1. En banc; or 6. Administrative cases to discipline or dismiss judges of lower
courts; and
2. Divisions of 3, 5, or 7.
7. Election contests for President and Vice-President.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an: Cases heard by division
1. Must be decided with the concurrence of a majority of the
a. Treaty
members who took part in the deliberations and voted thereon.
b. International or executive agreement or
2. Majority vote in a division should be at least 3 members.
c. Law.
2. All cases required to be heard en banc under the Rules of Court:
Procedure in rendering decisions
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
1. Conclusions or decisions reached in consultation
3. All cases involving the constitutionality, application or operation -Prescribes the manner by which the conclusions of the
of Supreme Court and all lower collegiate course in any case
submitted to them for decision shall arrived at
a. Presidential decrees
b. Proclamations
 Certification of Compliance No petition for review or motion for reconsideration of a decision of
-signed by the Chief Justice or Presiding Judge must be the court shall be refused due course or denied without stating the
issued and a copy thereof attached to the records of the case legal basis therefor.
and served upon the parties.
2. Purpose of Requirement
DECISIONS
- Purpose is to avoid the practice of assigning a case to a
-the judgement rendered by a court of justice or other competent
justice for study and decision by him alone, the remaining
tribunal after the presentation of the respective positions of the
justices affixing their signatures to the decision merely as formal
parties in an ordinary or criminal case or upon stipulation of facts
routine.
upon which the dispositions of the case is based

Requirement in case of Non- Participation, Dissent, or

Form of decision of court
Abstention
1. Statement of both factual and legal bases
1. Non- Participation or Abstention
-every decision of a court shall clearly and distinctly state
-the duty of every member of a collegiate court to take part
the facts and the law on which it is based.
in the study and resolution of every case before it, must state
his reason for his non-participation or abstention. His vote
could have resulted in a different decision. 2. Reason for requirement
- It is certainly desirable in the interest of clearness and
2. Dissent certainty, that courts should state the facts and the
reasons upon which their decisions rest; otherwise rights
- Requirement as to dissenting opinions is a recognition of
based upon them would have no concrete and lasting
the value of such opinions. The dissenting opinion expre4ss the law
evidence, and errors committed by courts lower than
on the subject, if well-reasoned and supported by cogent
Supreme Court
considerations, it may influence the Supreme Court, and even
become majority opinion, in the decision of future and analogous
cases.
3. Statement of legal basis only
Section 14 - To petitions for review or motions for reconsideration of
a decision of any court, it is sufficient for the court to
No decision shall be rendered by any court without expressing
state only the legal basis for its refusal to give them du
therein clearly and distinctly the facts and the law on which it is
course or for their denial to save time for the court.
based.
 4. Statement of either factual or legal basis not required
- Not required to cite the factual or legal basis of its
resolution granting a petition for review or motion for
reconsideration of its decision
Section 15. (1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twenty-four months
from date of submission for the Supreme Court, and, unless reduced
by the Supreme Court, twelve months for all lower collegiate courts,
and three months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or memorandum
required by the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to
this effect signed by the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties. The certification shall state
why a decision or resolution has not been rendered or issued within
said period.
(4) Despite the expiration of the applicable mandatory period, the
court, without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.
PERIODS FOR RENDITION OF DECISIONS
A. Supreme Courts- within 24 months
B. Court of Appeals and other lower collegiate courts- within 12
months unless reduced by Supreme Court
C. Lower Courts- within 3 months
Case is deemed submitted for decision or resolution from the date of
the last pleading, brief, or memorandum.
EXPIRATION (If the period given has elapsed)
 Certification signed by the Chief Justice or the presiding judge
 Stating the reason why decision or resolution has not been
rendered or issued with the said period
 Attached to the record of the case or matter
 Served upon the parties
TIME LIMITATION IS MANDATORY
 “Justice delayed is justice denied.” (Art. III, Sec. 16)
VIOLATION
 Violation of Sec.15 (1) by the Supreme Court will constitute
culpable violations of the Constitution, a ground for
impeachment for the members of the Supreme Court. (Art. XI,
Sec. 2)
Section 16. The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to the
President and the Congress an annual report on the operations and
activities of the Judiciary.
SUBMISSION OF ANNUAL REPORT
 Annual Report on operations and activities of the judiciary
 Thirty days from the opening of the regular session of the
Congress which is the forth Monday of July (Art. VI, Sec. 15)
 A guide for the President and Congress in the enactment of
legislations affecting the courts and the administration of
justice.