JUDICIAL POWER – duty of courts of

justice to settle actual controversies

involving rights which are legally
demandable and enforceable, and 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 government.
Judicial power is vested in:
1. One Supreme Court; and
2. Such lower courts as may be
established by law.
Jurisdiction - power to hear and decide
a case and execute decision thereof.
APPOINTMENT TO THE JUDICIARY:
Qualifications
a. Chief Justice and Associate Justices of the
Supreme Court:
1. Natural-born citizen;
2. At least 40 years old;
3. 15 years or more a judge of a lower court
or engaged in the practice of law in the
Philippines;
4. A person of proven competence, integrity,
probity and independence.
Presiding Justice and Associate Justices
of the Court of Appeals:
• Same qualifications as those
provided for Justice of the Supreme
Court;
Regional Trial Court Judges:
1. Citizen of the Philippines;
2. At least 35 years old; and
3. Has been engaged for at least 5 years in
the practice of law in the Philippines or has
held public office in the Philippines
requiring admission to the practice of law as
an indispensable requisite.
4. a person of proven competence,
integrity, probity and independence.
Metropolitan, Municipal and Municipal
Circuit Trial Court Judges:
1. Citizen of the Philippines;
2. At least 30 years old;
3. Has been engaged for at least 5 years in
the practice of law in the Philippines or has
held public office in the Philippines requiring
admission to the practice of law as an
indispensable requisite;
4. A person of proven competence,
integrity, probity and independence.
Procedure in Appointment:
1. Appointed by President from among
a list of at least 3 nominees
prepared by Judicial and Bar Council
for every vacancy.
2. For lower courts, President shall
issue the appointment 90 days from
submission of the list
Tenure of Justices and Judges
a. Supreme Court – hold office until
they reach 70 years of age or become
incapacitated to discharge their duties.
 May be removed only through
impeachment.
b. Lower Courts – hold office during
good behavior until they reach 70 years
of age or become incapacitated to
discharge their duties.
 No law shall be passed reorganizing
the Judiciary when it undermines the
security of tenure of its members.
JUDICIAL AND BAR COUNCIL
Composition:
1. Ex-officio chairman
a. Supreme Court Chief Justice
2. Ex-officio members
a. Secretary of Justice
b. Representative of Congress
3. Regular members
a. Representative of the IBP;
b. Professor of Law;
c. Retired member of SC; and
d. Representative of private sector
4. Secretary de officio
a. Clerk of the Supreme Court
Appointment
 Regular members shall be
appointed by the President for a 4 year
term with the consent of the
Commission on Appointments.
Powers and Functions of Judicial and
Bar Council:
1. Recommend appointees to the
judiciary;
2. Recommend appointees to the
Office of the Ombudsman and his 5
deputies;
3. May exercise such other functions
as may be assigned by Supreme Court.
SUPREME COURT
Composition:
• Chief Justice and 14 Associate
Justices
-may sit en banc or in its discretion, in
divisions of 3, 5, or 7 members.
a. Any vacancy shall be filled within
90 days from occurrence thereof
. POWER OF JUDICIAL REVIEW
Judicial Review – the power of the
courts to test the validity of executive
and legislative acts in light of their
conformity with the Constitution. This
is not an assertion of superiority by the
courts over the other departments, but
merely an expression of the supremacy
of the Constitution.
Functions of Judicial Review
1. checking – invalidating a law or
executive act that is found to be
contrary to the Constitution;
2. legitimating – upholding the validity
of the law that results from a mere
dismissal of a case challenging the
validity of the law;
3. Symbolic – to educate the bench and
bar as to the controlling principles and
concepts on matters of grave public
importance for the guidance of and
restraint upon the future.
Period for Decision (Sec. 15, Art. VIII)
 All cases filed after the effectivity
of the Constitution must be decided or
resolved, from the date of submission,
within:
a. SC – 24 months
b. Lower Collegiate Courts - 12
months, unless period is reduced by SC;
c. All other lower courts – 3 months
unless period is reduced by SC
1. As a SHS Student how can you
show that you value virtue
justice in your day today life?
Cite at least 2-3 example.
2. What do you think are the
major factors that contribute to
the problem of slow
administration of justice in the
country?
3. Slogan Making
Direction: Create a SLOGAN that
will establish how the judiciary
system exercises political
neutrality and fairness in relation to
gender awareness.