ARTICLE VIII

Judicial Departme

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Judiciary - also known as the judicial system or court system is the system of courts that interprets and applies the law in the name of the state.

Section 1JUDICIAL POWER VESTED IN ONE SUPREME COURT IN LOWER COURTS

Judicial Power – is the power to apply the laws to contests or disputes concerning legally recognized right or duties between the State and private persons, or between individual litigants in cases properly brought before the judicial tribunals.

Scopes of judicial power

Adjudicatory power

a.To settle actual controversies involving rights which are legally demandable and enforceable

b.To determine whether there has been a grave abuse of discretion amounting to lack of excess of jurisdiction on the part of any branch or instrumentality of the government

Power of

judicial review

a.To pass upon the validity or constitutionality f the laws of the State and the acts of other departments of the government

b.To interpret themc.To render binding judgment

Incidental

power

a.Includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt.

• Judiciary composed of the courts is one of the three main divisions of power in our government. As the highest court of the land, the decisions of the Supreme Court are binding all tribunals.

CLASSIFICATIONOnly the supreme court is a constitutional court in the sense of being a creation of the CONSTITUTION.

Statutory courts – all other courts, including the Sandiganbayan in the sense that they are creations of LAW

CREATION AND ABOLITION OF COURTS BY CONGRESS

In the exercise of its legislative power, Congress may abolish any or all lower courts and replace them with other courts subject to the limitation that the reorganization shall not undermine the security of tenure. (Sec.2, par 2.)

SUPREME COURT

Sandiganbayan

Court of Appeals

Shari’a Appelate

Court

Court of Tax

Appeals

Sharia’s District Courts

Sharia’s Circuit Court

Regional Trial CourtMeTCsMTCCsMTCs

MCTCsDiagram 1

Supreme Court(Kataas-taasang

Hukuman ng Pilipinas)

• Highest court in the Philippines.

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REGULAR COURTS (FIRST LEVEL)

1.Metropolitan Trial Courts (MeTCs) – established in each metropolitan area by law.

2.Municipal Trial Courts in Cities (MTCCs) – created in every city, which do not form part in metropolitan area.

3.Municipal Trial Courts (MTCs) – established in each of the other cities and municipalities.

4.Municipal Circuit Trial Courts (MCTCs) – created in each circuit comprising such cities and/or municipalities as grouped by law

REGIONAL COURTS (SECOND LEVEL)

The second tier, which is established in each region in Philippines. Each RTC is comprised of several branches, which functions as follows:

1.Acts as trial courts and receives evidences from parties of the case.

2.Exercise jurisdiction of the MeTCs, MTCC, MTCs, MCTCs in their respective territorial jurisdiction.

COURT OF APPEALS (THIRD LEVEL)

Exercises its powers, duties and functions through 23 divisions. The Court is tasked to:

1.Review cases submitted to RTCs as well as quasijudicial agencies such as Civil service Commission, National Labor Relations Commission, and the Land Registration Authority.

2.Review death penalty cases as well as decisions of the Office of the Ombudsman

3.May sit en banc, being a collegiate court, only for the purpose of exercising administrative, ceremonial, or non-adjudicatory functions.

4.Generally resolve cases only on the basis of records but in certain instances, it may also try cases, conduct hearings, and receive evidences.

SPECIAL COURTS: SANDIGANBAYAN (SB) AND COURT OF TAX OF APPEALS (CTAs)

Philippine Judicial system is also comprised of special courts: the SANDIGANBAYAN, which was created by Presidential Decree No. 1606 and the Court of Tax Appeals that was established under Republic Act No. 1125 as amended by RA NO. 9282.

SHARI’A COURTSFor Filipino Muslims, these courts are established in Islamic regions and provinces

Importance of the judiciary

1.) Confidence in the certain and even administration of justice.2.) Preservation of the government.3.) Respect for law and order.

Independence of the judiciary

1.) Congress may not deprive the Supreme Court of the constitutional powers granted to it;

2.) Congress cannot prescribe the manner in which the Supreme Court should sit, and determine the number of Justices composing the court;

3.) The Supreme Court is given the authority to appoint all officials and employees of the judiciary;

4.) The members of the Supreme Court and judges of lower courts enjoy security of tenure.

5.) Their salaries cannot be decreased during their continuance in office;

6.) The members of the Supreme Court can only be removed through the difficult process of impeachment;

7.) The judiciary enjoys fiscal autonomy

Section 2

The Congress Of The Philippines- national legislature of the

Philippines

• Limitations to the exercise of power to apportion jurisdiction of various courts vested in Congress:

1. The Congress cannot diminish or otherwise impair the original and appellate jurisdiction of the Supreme Court over enumerated in Section 5.

2.No law shall be passed reorganizing the judiciary when it undermines security tenure guaranteed in Section 11.

3.No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurence.

Jurisdiction of Courts

1.General2.Limited3.Original4.Appellate5.Exclusive6.Concurrent7.Criminal8.Civil

Section 3This section seeks to further insure the independence of the judiciary (fiscal autonomy).

1. Appropriations for judiciary not subject to reduction.

2. Appropriation to be automatically and regularly released.

Section 4COMPOSITION OF SUPREME COURT

The Supreme Court shall composed of 15 members which includes the Chief Justice (1) and 14 Associate Justices.

The Constitution requires any vacancy to be filled within 90 days from the concurrence thereof.

Cases to be heard or decided en banc and vote required:1. All cases involving the constitutionality of a

treaty, international or executive agreement, or law (statute) shall always be heard and decided by the Supreme Court en banc.

2. All other cases including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations which under the rules of court.

3. In administrative cases where the decision is for the dismissal of a judge of a lower court, the same majority vote is necessary to order such dismissal

4. Cases heard by a division shall be decided or resolved with the concurrence likewise of the same majority vote is necessary to order such dismissal

5. Cases modifying or reversing a doctrine or principle of law laid down by the court in the decision rendered en banc or in division decided by the court sitting in en banc.

Executive Agreement

- Agreement entered into by the President on behalf of the country with the government of another country.

- Effective without the concurrence of the congress.

Judicial Review

- Power of the court ultimately of the Supreme Court to interpret the constitution and declare any legislative and executive act invalid because it is in conflict with the fundamental law

Section 5The Supreme Court shall have the following powers:

1. Exclusive Power to pass judgment on original jurisdiction

– cases affecting ambassadors, other public ministers and consuls over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus are to be decided by the Supreme Court.

Under international law, diplomatic representatives are immune from suit and are not subject to the jurisdiction of the court receiving the state.

2. Power to overrule the lower courts’ decisions

– On appeal, the aggrieved party may question the judgment of the lower counts before the Supreme Court, which may review, revise, reverse, modify or affirm the said decisions.

3. Power to assign judges– This gives sole authority to the

Supreme Court to temporarily assign judges of lower courts to prevent miscarriages of justice.

4. Power to change venue of trial-The Supreme Court may transfer the

venue of trial of criminal and civil cases to prevent miscarriage of justice.

5. Rule making power– It is the power of the Supreme Court to

promulgate rules and regulations to be followed by all courts.

Section 6The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Section 7Qualifications for members of the

Supreme Court and any lower collegiate court.

He must be a natural-born citizen of the Philippines

He must be a 40 years of age

He must have, for 15 years or more, been a judge of a lower court or engaged in the practice of law in the Philippines.

Qualifications of judges of the lower courts.

He must be a citizen of the Philippines

He must be a member of the Philippine Bar.

He must be a person of proven competence, integrity, probity and independence.

Section 8 A Judicial and Bar Council is hereby created

under the supervision of the Supreme Court composed of :

• Chief Justice as ex officio Chairman

• The Secretary of Justice, and a representative of the Congress as ex officio Members

• a representative of the Integrated Bar

• a professor of law

• a retired Member of the Supreme Court

• a representative of the private sector.

Regular members of the Council – appointed by the President for a term of 4 years with the consent of the Commission on Appointments.

Of the Members first appointed, the representative of the Integrated Bar shall serve for four years

the professor of law for three yearsthe retired Justice for two yearsthe representative of the private

sector for one year.

The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

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 the appropriations for the Council.

Section 9The members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least 3 nominees 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 90 days from the submission of the list.

Appointment Of Members Of The Supreme Court And Judges Of Lower Courts

1. Non- political process of selection and appointment

2. List of at least three (3) nominees3. Judicial and Bar Council4. Exclusive authority to recommend

appointees to judiciary.

Section 10The salary of the Chief of 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.

Section 11The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties 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 a majority of Members who actually took part in the deliberations on the issues in the case and voted thereon.

Good behavior- Conduct authorized by law

Section 12The 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.

Section 13The 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 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.

Section 14No 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.

Section 151.) All cases or matters filed after the effectivity of the Constitution must be decided or resolved within 24 months from date of submission for the Supreme Court, and, unless reduced by Supreme Court, 12 months for all lower collegiate courts, and 3 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, 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.

Section 16The 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.

End.