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Article VIII - JUDICIAL DEPARTMENT

Section 1-8

SCOPE OF JUDICIAL POWER

Section 1

1. 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 or excess of
jurisdiction on the part of any
branch or instrumentality of the
government.

2. Power of Judicial review

a. To pass upon the validity or


constitutionality of the laws of the
State and the acts of the other
departments of the government.
b. To interpret them.
c. To render binding judgment.

3. Incidental powers

a. Includes the incidental powers


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

Section 1
JUDICIAL POWER VESTED IN ONE SUPREME
COURT IN LOWER COURTS
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.
CLASSIFICATION
Only 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.

Section 1
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.)

Section 1

ORGANIZATION OF COURTS
SUPREME COURT

Sandiganb
ayan

Court of
Appeals

Court of
Tax
Appeals

Sharia
Appelate
Court

Regional
Trial Court

Sharias
District
Courts

MeTCs
MTCCs
MTCs
MCTCs

Sharias
Circuit
Court

Section 1
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.

Section 1
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.

Section 1
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.
SHARIA COURTS
For Filipino Muslims, these courts are established in
Islamic regions and provinces.

Section

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.

Section 2

Jurisdiction of Courts
1. General
2. Limited
3. Original
4. Appellate
5. Exclusive
6. Concurrent
7. Criminal
8. Civil

Section

This section seeks to further insure the


independence of the judiciary.
1. Appropriations for judiciary not
subject to reduction.
2. Appropriation to be automatically and
regularly released.

Section

COMPOSITION OF SUPREME COURTS


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.

Section 4

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.

Section

The 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.

Section 5

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

Section 7
Qualifications 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 asex officioChairman
The Secretary of Justice, and a
representative of the Congress asex
officioMembers
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 4y ears 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 years
the retired Justice for two years
the representative of the private
sector for one year.

The Clerk of the Supreme Court shall be


the Secretaryex officioof 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.
(5) The Council shall have the principal
function of recommending appointees to
the Judiciary. It may exercise such other
functions and duties as the Supreme Court
may assign to it.

* Article 6 section 30
Congress can increase its jurisdiction by assigning
to it additional adjudication.
Law increasing jurisdiction of the court
1. Appellate jurisdiction
2. Original jurisdiction