Philippine Constitution - Article VIII - Judicial Department

ART.VIII JUDICIAL
DEPARTMENT
By: John Paul Espino
De La Salle University – Dasmarinas
Facebook.com/Johnpaul.dss

JUDICIAL POWER
- includes the duty of courts of justice 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 government as well as between the State and
private persons.

Jurisdiction- power to hear and decide a
case and execute decision thereof.
1. Congress shall have the power to define, prescribe and apportion the jurisdiction of the
various courts but may not deprive the SC of its jurisdiction over cases enumerated in
sec. 5, Art.VIII.
2. No law shall be passed increasing the appellate jurisdiction of the SC as provided in the
Constitution without its advice and concurrence.

Judicial power is vested in:
1. One Supreme Court; and
2. Such lower courts as may be established by law.
* Supreme Court is the only Constitutional court, all the lower courts being of statutory
creation.

Safeguards that guarantee independence
of Judiciary:
1. Congress may not deprive the SC of the Constitutional powers granted to it
2. Congress cannot prescribe the manner in which the SC should sit
3. SC can appoint all officials and employees of the judiciary
4. Members of the SC enjoy security of tenure
5. Salaries cannot be decreased during their continuance in office
6. Members are only removable by impeachment;
7.The judiciary enjoys fiscal autonomy.

SUPREME COURT
Composition:
*Chief Justice and 14 Associate Justices may sit en banc or in its discretion, in divisions of 3, 5, or 7
members.
■ Any vacancy shall be filled within 90 days from occurrence thereof

Qualifications:
A. Chief Justice and Associate Justices of the SC:
1. Natural born citizen;
2. At least 40 yrs old;
3. 15 yrs or more as judge of a lower court or has been engaged in the practice of law in the Philippines
for some period;
4. A person of proven competence, integrity, probity and independence.
B. Presiding Justice and Associate Justices of the Court of Appeals:
■ Same as the qualifications in the SC

C. RegionalTrial Court Judges:
1. Citizen of the Philippines;
2. At least 35 yrs old; and
3. Has been engaged for at least 5 yrs in the practice of law in the Philippines requiring
admission to the practice of law as an indispensable requisite;

D. Metropolitan, Municipal and
Municipal CircuitTrial Court Judges:
1. Citizen of the Philippines;
2. At least 30 yrs old;
3. Has been engaged for at least 5 yrs in the practice of law in the Philippines or has held
public office in the Philippines requiring admission to the practice of law as an
indispensable requisite;

JUSTICIABLE QUESTION – one which affects personal or property rights accorded to every member of
the community in cases properly brought before the judicial tribunals.
POLITICAL QUESTION – question of policy; to be decided by the people in their sovereign capacity, or
to which full discretionary authority has been delegated to the legislative or executive department.
- depends on the wisdom of the law and not the validity or legality.

Certiorari- requiring a lower court or a board, or officer exercising judicial functions to transmit the
records of a case to the superior court(SC) for purposes of review.
Prohibition- a writ to desist from further proceedings in an action or matter.
Mandamus- commanding a lower court or a corporation, board, or person to perform a certain act
which it is its or his duty to do; it is an affirmative remedy ordering a certain act to be done.
Quo warranto- an action by the government to recover an office or franchise from an individual or
corporation usurping or unlawfully holding it.

Ex-Officio, definition.
- by virtue of his office
- powers that are not expressly conferred upon an official, but are necessarily implied in
the office.

JUDICIAL AND BAR COUNCIL,
Composition:
Ex-officio chairman --SC Chief Justice
Ex-officio members : 1. Secretary of Justice
2. Representative of Congress,
Regular members: 1. Representative of the IBP
2. Professor of Law
3. Retired member of SC; and
4. Representative of private sector
Secretary de officio -- Clerk of the Supreme Court

Powers and Functions of Judicial and Bar
Council:
1. Recommend appointees to the Judiciary;
2. May exercise such other functions as may be assigned by the SC.

Procedure for Appointment:
1. Appointed by the President from among a list of at least 3 nominees prepared by the
Judicial and Bar Council for every vacancy.
2. For lower courts, President shall issue the appointment within 90 days from submission
of the list.

Tenure of Justices and Judges
Supreme Court- hold office during good behavior until they reach 70 yrs of age or become
incapacitated to discharge their duties.
- May only be removed through impeachment.
■ SC en banc, by majority vote of members who actually took part in the deliberation,
shall have the power to discipline judges of lower courts or order their dismissal.

PERIOD FOR DECISION
■ 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 SC, and unless reduced by
the SC 12 months for all the lower collegiate courts and 3 months for all lower courts.

Conditions for the Exercise of the
President of Emergency Powers:
1.There must be a war or national emergency;
2.There must be a law authorizing the President to exercise emergency powers;
3. Exercise must be for a limited period;
4. Must be subject to restrictions that Congress may provide; and
5. Exercise must be necessary and proper to carry out a declared national policy.

Philippine Constitution - Article VIII - Judicial Department

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