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ARTICLE VIII: JUDICIAL DEPARTMENT

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Marianne de la Cruz

on 23 November 2014

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Transcript of ARTICLE VIII: JUDICIAL DEPARTMENT

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 released.
A member of the Judiciary must be a person of proven competence, integrity, proity, and independence.
MEMBERS
Section 9:
Members of the Supreme Court and judges of lower courts 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 ninety days from the submission of the list.
JUDICIAL POWER
Supreme Court Powers --

(1) Original jurisdiction for cases involving ambassadors, other public ministers and consuls, over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus

JUDICIAL POWERS
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or Rules of Court may provide, final judgments and orders of lower courts in:
(a) constitutionality of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation
(b) legality of tax, impost, assessment, toll, etc.
(c) all cases in which the jurisdiction of any lower court is in issue
(d) criminal cases with the penalty of reclusion perpetua
(e) all cass in which only an error or question of law is involved
AUXILIARY POWERS
Section 5:
(3) Assignment of temporary judges of lower courts
(4) Order of a change of venue or place of trial to avoid a miscarriage of justice
(5) Promulgate rules to protect and enforce constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar of the Philippines, and legal assistance to underprivileged
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law

Section 6: SC's administrative supervision over all courts and personnel

Section 11: SC en banc may discipline judges of lower courts, or order their dismissal by a vote of majority
POWERS AND LIMITATIONS
POWERS AND LIMITATIONS
THE SUPREME COURT
ARTICLE VIII: JUDICIAL DEPARTMENT
THANK YOU!
"Judicial power includes the duty of the courts 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 the Government."
Chief Justice and fourteen (14) Associate Justices
SC En Banc
Divisions (3/5/7)
LOWER COURTS
CHECK AND BALANCE
Section 16: The SC shall within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an anual report on the operations and activities of the Judiciary.
QUALIFICATION OF MEMBERS
SUPREME COURT:
(1) natural-born citizen of the Philippines
(2) at least forty years of age
(3) must have been a judge of a lower court for at least 15 years or engaged in the practice of law
JUDGES:
Congress shall prescribe the qualifications, but no person may be appointed a judge unless he is a citizen of the Philippines and a member of the Philippine Bar.
Section 10:
The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be decreased.
Prepared by: Marianne de la Cruz (1B)
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