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Judicial Department

Passive department the court cannot take cognizance of a case unless the matter is brought before it

Non-Political department the members of the judiciary derive their mandate from the representative
of the people; they are not directly accountable to the people

The Judiciary

Sec 1 Art VIII. The judicial power shall be vested in one Supreme Court and in such lower courts as may
be established by law. BP 129
en banc
SC 15 members
in division 3,5,7 3 =present appellate
court-judge
Sharia AC CA 69 members, 23 divisions Sandiganbayan 9 mem, 3 div CTA
Do NOT sit en banc except in anti-graft court; 6 members
ceremonial function jurisdiction with RTC taxation
Sharia DC RTC court of general jurisdiction

Trial Court - judges
Sharia CC MTC/MeTC/MCTC/MTCC 1
st
level courts - takes cognizance of a case in
the first instance

Cases to be decided by SC en banc
- Involves constitutionality of a law
- Stare decisis if there are existing jurisprudential precedents

Qualifications of Justices in the Appellate Court
- natural-born Filipino citizen
- at least 40 years old
- been in the practice of law or judge of a lower court for at least 15 years
- person of proven competence, integrity, probity, and independence

Qualifications of Judges of Trial Courts
- citizen of the Philippines
- member of the Philippine Bar
- person of proven competence, integrity, probity, and independence
- Congress may add other qualifications
- BP 129 been in the practice of law for at least 10 years (RTC); 5 years (1
st
level courts)

Original jurisdiction of the SC cases that may be brought directly to SC
- Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus but first, the
principle of hierarchy of courts must be followed
- Cases affecting ambassadors, public ministers and consuls




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Congress have the power to create courts, prescribe and apportion jurisdiction of courts
Limitations:
1. Congress CANNOT deprive SC from its original jurisdiction
2. NO law shall be passed reorganizing the judiciary when it undermines the security of tenure of
its members
3. Congress CANNOT touch two qualifications:
-CIPI
-membership of the Philippine Bar
4. Members of the court shall NOT be delegated to other agency performing quasi-judicial and
administrative functions
Exceptions:
-Chief Justice as presiding office of impeachment court when the president is the subject
-some members designated as electoral tribunal
-SC acting as PET
5. NO law shall be passed increasing the appellate jurisdiction of the SC without its consent and
concurrence

Cases under the Appellate Jurisdiction originally decided by lower courts and brought to the SC for
appeal
- ALL cases involving the constitutionality or validity if any treaty, international or executive
agreement, law, PD, order, instruction, ordinance
- ALL cases involving legality of tax, impost, assessment, or toll or any penalty imposed in relation
thereto
- ALL cases in which the jurisdiction of ANY lower court is in issue
- ALL criminal cases with the penalty of reclusion perpetua or higher
- ALL cases in which ONLY an error or question of law is involved

Judicial appointments
Judicial & Bar Council body created to screen candidates for judicial positions
- tasked to ensure that the possible and probable are qualified and possess the constitutional and
statutory requirements
Two classifications of members
1. ex-officio members
-SC CJ (chairman)
-Sec. of Justice
-a member of Congress
2. regular members has term of office of 4 years; shall be appointed by the President subject to
the confirmation of COA
-IBP
-private sector
-retired member of SC
-member of the academe

*Chaves JBC
SC: Congress in ONLY entitle to ONE representative in the JBC otherwise Congress will have a share more
than the others. Representation must be equal.

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Fiscal Autonomy
Sec 3 Art VIII. The Judiciary shall enjoy fiscal autonomy. Appropriations of 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.

Meaning as for the first sentence
- It guarantees full flexibility to allocate and utilize their resources with the wisdom and dispatch
that their needs require
* The Chief Justice has the authority to spend its resources according to the needs of the
judiciary.
- It recognizes the power and authority to levy, assess, and collect fees.

Powers of the Supreme Court

1. Judicial Power
Sec 1 (2) Art VIII. 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 jurisdiction on the part of any branch or instrumentality of the Government.

a. Traditional Concept of Judicial Power adjudicatory power to actual cases involving rights
that legally demandable and enforceable
-duty of the courts to settle actual controversies involving rights which are legally
demandable and enforceable
Justiciable question issues involving rights that are demandable and enforceable that
may be decided by the courts in traditional manner
b. Expanded Certiorari Jurisdiction/Moderating Power/Power of Judicial Review
- to determine whether or not there has been a grave abuse of discretion amounting to
lack or excess jurisdiction on the part of any branch or instrumentality of the Government
Political question involves exercise of discretion

2. SC may TEMPORARILY detail lower court judges to other stations as public interest may require
3. SC may order a CHANGE of venue or place of trial to AVOID a MISCARRIAGE of justice
4. SC has the power to 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.
5. SC shall appoint ALL officials and employees of the Judiciary in accordance with the Civil Service
Law.
6. The SC shall have administrative supervision over all courts and the personnel thereof.
7. The SC 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 in the deliberations on the issues in the case
and voted thereon.