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Chapter 9: Judicial Power

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Kim Legaspi

on 12 March 2017

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Transcript of Chapter 9: Judicial Power

Political Science
MWF -8:30-9:30

Name: Denila, Richell
Toledo, Stephanie
Fernan, Alan Dave
Borja, Karla
Gustilo, Darryl
Alicaway, Daneca
Legaspi, Kimberly Ann

Scope of Judicial Power:
- Adjudicatory Power
- Power of Judicial Review
- Incidental Powers
Classification of Courts:
- Constitutional Court
- Statutory Courts
Second Level Courts:
- Regional Trial Courts
- Appellate Trial courts
- Court of Appeals
- The Court of Tax Appeals
- The Sandiganbayan
Section 1 of Article VIII
Section 1. The judicial power shall be vested in one Supreme Court and in such other courts as may be established by law.
Judicial Power
Judicial power
includes the duty of the courts of justice to settle actual controversies and to determine whether or not there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of any branch or instrumentality of the government.
Chapter 9: Judicial Power
Judicial Review
Judicial review
is a process under which executive and (in some countries) legislative actions are subject to review by the judiciary
First Level Courts:
- Municipal Trial Courts
- Municipal Courts in Cities
- Municipal Circuit Trial Courts
Muslim Courts:
- Sharia District Courts
- Sharia Circuit Courts
Section 3 of Article
VIII
Section 3. The judiciary shall enjoy fiscal autonomy. Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.
Fiscal Autonomy

Fiscal autonomy
is a guarantee given by the Constitution to certain units of the government. It is intended as a guarantee of separation of powers and of independence from political agencies
Section 4 of Article VIII
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and 14 associate justices. It may sit en banc or in its discretion, in divisions of 3, 5 or seven members. Any vacancy shall be filled within 90 days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, including those involving the constitutionality, 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 divisions hall 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 3 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 en banc or in division may be modified or reversed except by the court sitting en banc
Supreme Court
The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas; colloquially referred to by the Spanish: Corte Suprema), is the highest court in the Philippines. It is presided over by a Chief Justice and is composed of fifteen (15) Justices, including the Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof
Section 5 of Article VIII
Section 5. The 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 6 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.
Section 4 of Article VIII
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and 14 associate justices. It may sit en banc or in its discretion, in divisions of 3, 5 or seven members. Any vacancy shall be filled within 90 days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, including those involving the constitutionality, 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 divisions hall 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 3 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 en banc or in division may be modified or reversed except by the court sitting en banc.
Powers of the Supreme Court:
- Original Jurisdiction
- Appellate Jurisdiction
- Temporary Assignment of Judges
- Order or a change of venue or place of trial
- Rule- making power
- Power of Appointment
- Power of Administrative Supervision
Section 6 of Article VIII
Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof
Supreme Court has the power of administrative supervision over all courts and the personnel therof.
Section 7 of Article VIII
Sections 7. (1) No person shall be appointed member of the Supreme Court or any lower collegiate court unless he is a natural born citizen of the Philippines. A member of the Supreme Court must be at least 40 years of age, and must have been for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A member of the judiciary must be a person of proven competence, integrity, probity and independence.


Qualifications for members of supreme court and any lower collegiate court:
- Nat
ural-born citizen of the Philippines
- At least 40 years of age
- A judge in a court of record for at least 15 years or engaged in the practice of law in the Philippines for the same period
- A person of proven competence, integrity, probity and independence
Qualifications of judges of the lower court:
- Natural born citizen of the Philippines

- Member of the Philippine bar

- Possesses other qualifications prescribed by Congress

- Person of proven competence, integrity, probity and independence.
Section 8 of Article VIII
Section 8. A judicial and bar Council—composition—Chief Justice, Secretary of Justice, Representative of Congress, Integrated Bar, Professor of Law, retired justice and representative of the private sector.
The Judicial and Bar Council (JBC; Filipino: Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor.
Section 9 of Article VIII
Sec. 9. The members of the Supreme Court and judges of lower court shall be appointed by the President from a list of at least three nominees prepared 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 90 days from the submission of the list
- Justices of the Supreme Court including the chief justice, and down to the judges of lower courts are appointed by the Philippine President from the list of nominees prepared by the Judicial and Bar council.
Section 10 of Article VIII
Section 10. The salary of the Chief Justice and the associate justices of the Supreme Court, and the judges of the lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased
- Salaries of SC Justices and judges of lower courts shall be fixed by law.

- Cannot be decreased during their continuance in office, but can be increased.

- Members of the Judiciary are NOT exempt from payment of income tax.
Section 11 of Article VIII
Section 11. The Members of the Supreme Court and judges of the lower court shall hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the members who actually took part in the deliberations on the issues in the case and voted thereon.
-Members of the SC and judges of the lower courts hold office during good behavior until
* The age of 70 years old; or
* They become incapacitated to discharge their duties.
- Disciplinary action against judges of lower courts:

* Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.

* Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein.
Section 12 of Article VIII
Section 12. The members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.
- Members of the Supreme Court and other courts established by law to any agency performing quasi-judicial and administrative functions.
Section 13 of Article VIII
Sections 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a member for the writing o f the opinion o f the court. A certification to this effect signed by the Court Justices—-Any member who took no part or dissented…must state the reason therefor. The same procedure in all lower collegiate courts.
Cases required to be heard en banc:
- All cases involving constitutionality of a/an:

* Treaty, * International or executive agreement or, * Law.

- All cases required to be heard en banc under the Rules of Court:

* Appeals from Sandiganbayan; and, * From the Constitutional Commissions

- All cases involving the constitutionality, application or operation of

* Presidential decrees, * Proclamations, * Orders, * Instructions, * Ordinances; and, * Other regulations.
- Cases heard by a division where required majority of 3 was not obtained.

- Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division.

- Administrative cases to discipline or dismiss judges of lower courts; and

- Election contests for President and Vice-President.
Section 14 of Article VIII
Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.
1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.

2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal.

3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court, are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference.

4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military tribunals
Section 15 of Article VIII
Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within 24 months from date of submission for the Supreme Court, and unless reduced by the Supreme Court, 12 months for all lower collegiate courts, and 3 months for all other lower courts.

(2) A case 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.

(4) Even after the lapse—-the court shall still decide without further delay
The Supreme Court shall, within 30 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.
Section 16 of Article VIII
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