philippine judicial department

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Judicial

DepartmentARTICLE VIII



Judicial Power

The power and duty of courts of justice to interpret and to applythe laws includin! the Constitution" to contests or disputesconcernin! le!ally or!ani#ed ri!hts or duties $etween pri%atepersons or indi%idual liti!ants& in cases properly $rou!ht $efore

judicial tri$unals'



(cope of Judicial Power

1. Adjudicatory Power

. To settle actual contro%ersies in%ol%in! ri!hts which are le!allydemanded and enforcea$le'

. To determine whether there ha%e $een a !ra%e a$use ofdiscretion amountin! to lac) or e*cess of jurisdiction on the paof any $ranch or instrumentality of the !o%ernment'



2. Power of judicial review

To pass upon the %alidity or constitutionality of the laws of the(tate and acts of other departments of the !o%ernment'

To interpret them

To render $indin! jud!ments



3. Incidental Powers

It li)ewise includes the incidental powers necessary to the e+ecti%edischar!e of the judicial functions such as the power to punishpersons adjud!ed in contempt



To whom is the power %ested,

One Supreme Court and such lower courts as may beestablished by law.



-ierarchy of Courts

.' (upreme Court

/Corte Suprema),the highest court in the Philippines.

-presided over by a Chief Justice and is composed of fteen !"

Justices, including the Chief Justice

0' a' Court 1f Appeals

/ second-highest #udicial court

-revie$s the decisions and orders of the %egional &rial Courtsnation$ide



-ierarchy of Courts

0' $' Court 1f Ta* Appeals

/special court of limited #urisdiction, and has the same level $iththe Court of 'ppeals.

-has #urisdiction on civil ta( cases, local ta( cases, property ta(eand nal collection of ta(es

0' c' (andi!an$ayan

/its ran) is e2ui%alent to Court of Appeals

/(pecial court

/Tries and decides criminal and ci%il cases a!ainst !o%ernmento3cials and employees accused of !raft and corruption and similarother o+enses'



-ierarchy 1f Courts

4' Re!ional Trial Courts

/Court of irst *nstance+ Courts of general #urisdiction

-handle and decide the particular classes or inds of casesassigned to them by la$

- 'lso handles cases $hich are not $ithin the #urisdiction ofthe courts of the rst level etropolitan &rial Courts)



-ierarchy of Courts

5' 6etropolitan Trial Courts

/ 6unicipal Trial Courts in the towns and cities inthe 6etropolitan 6anila area

7' 6unicipal Trial Courts

/ Trial Court in municipalities

8' 6unicipal Circuit Trial Courts

/ Trial court that co%ers two or more6unicipalities



(ection .0

Prohi$ition a!ainst desi!nation to 2uasi/ judicial and9or administrati%e a!encies

Reasons for the prohi$ition

.' Violates the doctrine of separation ofpowers

0' 6ay compromise the independence of thmem$ers in performin! their judicial

functions4' The practice will result in further delay othe pendin! cases in courts



Judicial Re%iew

(ection .& Article VIII'

:to determine whether or not there has $een a !ra%e a$use

discretion amountin! to lac) or e*cess of jurisdiction on t

part of any $ranch or instrumentality of the !o%ernment';



Judicial re%iew

is the power of the courts& ultimately of the (upreme Court& tointerpret the Constitution and to declare any le!islati%e ore*ecuti%e act in%alid $ecause it is in con=ict with the

fundamental law'

is the power of a court to re%iew a law or an o3cial act of a

!o%ernment employee or a!ent for constitutionality or for the

%iolation of $asic principles of justice'



Re2uisites for Judicial Re%iew

There must $e an actual case or contro%ersy'

The 2uestion of constitutionality must $e raised $y the properparty'

The 2uestion of constitutionality must $e raised at the earliestopportunity

The decision of the constitutional 2uestion must $e necessary tothe determination of the case itself'



E*ample>

The Philippine Truth Commission

1n July 4?& 0?.?& President @eni!no A2uino Jr' set up the Philippin Truth Commission to nd out the truth a$out reports of lar!scale !raft and corruption in the pre%ious !o%ernment and to pua closure to them $y the lin! of the appropriate cases a!ainthose who were in%ol%ed'



Justicia$le %s'

Political Buestion



Justicia$le Buestion

capa$le of $ein! settled $y law or $y the action of a court

The courts ha%e jurisdiction o%er these thin!s& meanin! they canhold a trial and issue jud!ments'



Political Buestion

is to $e decided $y the people in their so%erei!n capacity& or re!ard to which full discretionary authority has $een dele!ated tthe le!islati%e or e*ecuti%e $ranch of the !o%ernment'

are $eyond the reach and jurisdiction of courts and are $ettedecided $y the people usin! their so%erei!n ri!hts and discretion



E*amples

Political

ho should win the election,

/the people decide

Justicia$le

A cheatin! happens durin! the election'

/the court will decide whether there was cheatin! or no$ecause there are laws that determine it



JRI(DICTI1



hat is Jurisdiction,

It is the power and authority of a court to hear try and decide acase'



Finds of Jurisdiction

Accordin! to Types of Cases Tried General jurisdiction H e*tends to all contro%ersies which may $e

$rou!ht $efore a court within the le!al $ounds of ri!hts andremedies jurisdiction of the Re!ional Trial Courts"

Limited H conned to particular cases and can $e e*ercised onlyunder the circumstances prescri$ed $y that statute Court of Ta*Appeals"



Accordin! to Power of Re%iew 1ri!inal H e*ercised in the court at rst instance' It may $e e*clusi%e

and concurrent

Appellate H power and authority conferred upon a superior court tore/hear and determine causes which ha%e $een tried in inferiorcourts'



Accordin! to E*tent of E*ercise E*clusi%e H when it can try and decide a case which cannot $e

presented $efore any court'

Concurrent H e*ercise $y di+erent courts at the same time o%er thesame su$ject matter and within the same territory and whereinliti!ants may in the rst instance resort to one of them indi+erently'



Criminal jurisdiction H that which e*ists for the punishment ofcrime

Ci%il H that which e*ists when the su$ject matter is not of acriminal nature e'!' collection of de$t"



ho apportions it,

The power to dene prescri$e and apportion the jurisdiction of%arious courts is %ested $y the Constitution in con!ress'



-owe%er

There are three limitations to the e*ercise of this power namely The con!ress cannot diminish or otherwise impair the ori!inal and

appellate jurisdiction of the (upreme Court o%er cases enumerated (ection 7

o law shall $e passed reor!ani#in! the judiciary when it underminesecurity of tenure !uaranteed in (ection ..

o law shall $e passed increasin! the appellate jurisdiction of the(upreme Court without its ad%ice and concurrence



(ection .?



The salary of the Chief Justice and of thAssociate Justices of the (upreme Courand of jud!es of lower courts shall $e*ed $y law' Durin! their continuance i

o3ce their salary shall not $decreased'



Prohi$ition of reduction

ntil con!ress pro%ide otherwise the initial annual salaries are Chief Justice H Php 05? ???

Associate Justice H Php 0?5 ???



@ut accordin! to RA o' 5.45 A ACT KIIG T-E (ALARIE( 1KC1(TITTI1AL 1KKICIAL(M''"

Chief Justice of (C H Php 5? ???

Associate Justices of (c H Php 40 ???

N(C H (upreme Court

After the con!ress *ed the compensation it may not reduce itdurin! the incum$ency'



Purpose of Prohi$ition

Is not to $enet the jud!es $ut to attract !ood and competentmen to the $ench and to promote their independence of actionand jud!ment'

There is no prohi$ition a!ainst increase in salary which may $emade e+ecti%e immediately' Art' VIII"

The salaries are su$ject to payment of income ta*'



(ection ..

Importance of security of !ood tenure H they shall hold o3ce durin!!ood $eha%ior until they reach the a!e of O? or $ecome incapacitatephysically or mentally to dischar!e the duties of their o3ce'

Good $eha%ior H is conducted authori#ed $y law' 6ere mista)e or erroof jud!ment is not a $reach of !ood $eha%ior'

ith reference to the mem$ers of the (upreme Court& it implies that theyha%e not committed any of the o+enses which are !round for

impeachment' As re!ards jud!es of lower courts& the determination $y the (upreme

Court as to whether there has $een a de%iation or not from there2uirement of !ood $eha%ior is conclusi%e since it alone has the power torder their dismissal' Aside from the !rounds for impeachment& jud!esmay$e remo%ed from o3ce for !ross i!norance of the law& incompetenceand immorality'



Disciplinin! or dismissal of jud!esof lower courts

The present constitution !i%es to the (upreme Court the power tdiscipline jud!es of lower courts e'!' justices of Court ofAppeals"'

@y a %ote of majority of the mem$ers who actually too) part inthe deli$erations it can order their dismissal'



A$olition of o3ce H this rulin! does not apply to the judiciary'(ection 0 e*pressly pro%ides that :no law shall $e passedreor!ani#in! the judiciary when it undermines the security oftenure;'



( 4



(ec' 4

T-E JDICIAR (-ALL EJ1

KI(CAL AT116APPR1PRIATI1( K1R T-E JDICIAR 6A 1T @E REDCED@ T-E LEGI(LATRE @EL1 T-EA61T APPR1PRIATED K1R

T-E PREVI1( EAR AD& AKTERAPPR1VAL& (-ALL @EAT16ATICALL AD REGLARLRELEA(ED'

C ( 1



T-E JDICIAR (-ALL EJ1KI(CAL AT116

The Constitution itself !rants the Judiciary scal autonomy in thhandlin! of its $ud!et and resources' Kull autonomy& amonothers& contemplates the !uarantee of full =e*i$ility in thallocation and utili#ation of the JudiciaryQs resources& $ased on iown determination of what it needs'

APPR1PRIATI1( K1R T-E



APPR1PRIATI1( K1R T-E JDICIAR 6A 1T @E REDCED@ T-E LEGI(LATRE @EL1 T-EA61T APPR1PRIATED K1R T-EPREVI1( EAR

Appropriations for the judiciary may not $e reduced$ut they may $e increased'

AD AKTER APPR1VAL (-ALL @E



AD& AKTER APPR1VAL& (-ALL @EAT16ATICALL AD REGLARLRELEA(ED

The administration of justice is nanciallyindependent'



4" C tt h d $ di i i h



4" Cases or matters heard $y a di%ision sh$e decided or resol%ed with the concurrenca majority of the 6em$ers who actually toopart in the deli$erations on the issues in th

case and %oted thereon& and in no casewithout the concurrence of at least three ofsuch 6em$ers' hen the re2uired num$er not o$tained& the case shall $e decided enbanc> Provided& that no doctrine or principlelaw laid down $y the court in a decision

rendered en banc or in di%ision may $emodied or re%ersed e*cept $y the courtsittin! en banc'

ompos on o e(upreme Court and its



(upreme Court and itsDi%isions

C16P1(ITI1

. 1E ." C-IEK J(TICE

. .5 A((1CIATE J(TICE(

. APP1ITED @ T-E PRE(IDET KR16 A LI(T 1

16IEE( (@6ITTED @ T-E JDICIAL AD @AC1CIL J@C"



DIVI(I1(

/1n the $asis of fteen mem$ers& the num$er di%isions will $e %e& composed of three mem$ers ea

three& composed of %e mem$ers each or two meetseparately' In case of two di%isions& there will $e eimem$ers includin! the chief justice in one di%ision& a

se%en in the other'

Vacancies



Vacancies

.

Any %acancy shall $e lled within ninety ?" days from theoccurrence thereof'

. The president shall appoint from a list of three 4" nomineespresented $y the J@C'

Cases to $e heard or decided en



Cases to $e heard or decided en$anc and %ote re2uired

All cases in%ol%in! the constitutionality of a treaty&international or e*ecuti%e a!reement& or law statute"shall always $e heard and decided $y the (upremeCourt en $anc'

All other cases includin! those in%ol%in! theconstitutionality& application or operation of

presidential decrees& proclamations& orders&instructions& ordinances and other re!ulations whichunder the rules of court are re2uired to $e heard en$anc shall $e decided with the concurrence also of thenum$er pro%ided a$o%e'

I d i i t ti h th d i i i f th



In administrati%e cases where the decision is for thedismissal of a jud!e for a lower court& the same majority%ote is necessary to order such dismissal'

Cases heard $y a di%ision shall $e decided or resol%ed w

the concurrence li)ewise of the same majority of themem$ers who are at least three in num$er $ut if suchre2uired num$er is not o$tained& the case shall $e deciden $anc'

Cases modifyin! or re%ersin! a doctrine or principle of l

laid down $y the Court in a decision rendered en $anc odi%ision shall $e decided $y the Court sittin! en $anc'



How does the Supreme

Court decide cases?/ 6AJ1RIT 1K T-E 6E6@ER( -1 T11F PART I T-E DELI@ERATI1'

/ IT-1T T-E C1CRRECE 1K ATLEA(T 4 1K (C- 6E6@ER('

Powers of the (upreme Court



Powers of the (upreme Court

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition

mandamus, uo warranto and habeas corpus.

!. "eview, revise , reverse, modif#, or affirm on appeal or certiorari , as the la

or the "ules of court ma# provide, final judgements and orders of lower

courts.

4' $ssign temporaril# judges of lower courts to other stations as public intere

ma# reuire. Such temporar# assignment shall not exceed % months withou

the consent of judge concerned.

&. 'rder a change of venue or place of trial to avoid a miscarria



of justice.

7' (romulgate 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. Such rules shall provide a simplified an

inexpensive procedure for the speed# disposition of case

shall be uniform for all courts of the same grade, and sha

not diminish, increase, or modif# substantive rights. "ule

of procedure of special courts and uasi)judicial bodies

shall remain effective unless disapproved b# the Suprem

Court.



Powers of the

(upreme Court(ECTI1 7

1ri!inal Jurisdiction of (upreme Court



1ri!inal Jurisdiction of (upreme Courto%er cases a+ectin! am$assadors& etc'

Diplomatic A!ents ofa Korei!n Country

Pri%ile!es andImmunities

Diplomatic A!ents of a Korei!n



Diplomatic A!ents of a Korei!nCountry

:Am$assadors& other pu$lic ministers andconsuls; H include all possi$le diplomatic a!entswhich any forei!n power may accredit to anothestate

They refer to those of a forei!n country and not

those of the Philippines' the ori!inal jurisdiction conferred is concurrent

with that of Re!ional Trial Courts whose decisionmay $e appealed to the (upreme Court'

Pri%ile!es and Immunities



Pri%ile!es and Immunities

Am$assadors and other pu$lic ministers are e*emptfrom the jurisdiction of tri$unals of the country towhich they are accredited'

They are considered e*tensions of the so%erei!nty ofthe states which they represent $ased on internationalaw'

1nly am$assadors and ministers are entitled to thesepri%ile!es and immunities' Consuls are not e*emptfrom the jurisdiction of the country they areaccredited'



Certiorari as a special ci%il



Certiorari as a special ci%ilaction"

It is a writ issued from a superior courtre2uirin! a lower court or a $oard& or o3cere*ercisin! judicial functions to transmit therecords of a case to the superior court forpurposes of re%iew'

It will lie when such tri$unal has acted withoutor in e*cess of its or his jurisdiction& or with!ra%e a$use of discretion& and appeal or anyother remedy is not a%aila$le for the a!!rie%eparty'

Prohi$ition



Prohi$ition

It is a writ $y which a superior court commands alower court or a corporation& $oard or personactin! without or in e*cess of its or his jurisdictionor with !ra%e a$use of discretion& to desist fromfurther proceedin!s in an action or matter'

It will lie only when no appeal or any other remedyis a%aila$le to the a!!rie%ed party'

It is a ne!ati%e remedy prohi$itin! the doin! of acertain act'

6andamus



6andamus

It is an order issued $y a superior courtcommandin! a lower court or a corporation&$oard or person to perform a certain act whichit is its or his duty to do'

It will lie only when no other remedy in the

ordinary course of law is a%aila$le' It is an a3rmati%e remedy orderin! a certain

act to $e done'

Buo arranto



B

It is an action $y the !o%ernment toreco%er an o3ce or franchise froman indi%idual or corporationusurpin! or unlawfully holdin! it'

E*clusi%e Appellate Jurisdiction of



pp Jthe (upreme Court

Cases of Great Pu$lic InterestEle%ation of the Cases to

(upreme Court

Cases in%ol%in! only an error or2uestion of law

Cases of Great Pu$lic Interest



The e*clusi%e appellate jurisdiction of the (upremeCourt refers to cases of !reatpu$lic interests or of seriousmoment to indi%idual ri!hts'

Ele%ation of the Cases to



(upreme Court

The only power which Con!ress maye*ercise with respect to this jurisdictionas thus pro%ided is to determine whethethe ele%ation of cases from the lowercourse should $e done throu!h appeal ocertiorari'

A matter of procedure which may also $edetermined $y the Rules of Court itself'



@y certiorari as a means of



yele%atin! and appeal"

The appellate or superior court canre%iew only 2uestions or errors oflaw decided or committed $y alower court'

E*ample> Appeal from an order ordecision of the Court of Appeals

Buestion of Law



In%ol%es no e*amination of the pro$ati%e%alue of the e%idence presented $y theparties or any of them in the lower courtIt is re%iewa$le $y the (upreme Court'

E*ample> Constitutionality of a Law

Buestion of Kact



Cannot $e re%iewed $y the (upreme Court oncertiorari

@ased on the theory that the lower court which :heardthe case& o$ser%ed the demeanor of the witnesses orotherwise ac2uired the ac2uaintance with the issuesand incidents thereof&; is in a $etter position to pass

upon the 2uestion E*ample> hether or not a particular e%ent has ta)en

place



Assi!nment Temporary



Temporary assi!nments of jud!es of lower courts may$e made only $y the (upreme Court

Enhances independence of judiciary $y eliminatin!possi$le political in=uence in such assi!nments

Temporary assi!nment of a jud!e to another stationfor a period lon!er than (i* 8" months must $e with

his consent accommodates the demand for such detawhen re2uired $y the e*i!encies of the ser%ice whileat the same time protectin! the ri!ht of a jud!e topermanency at the station

Assi!nment Permanent



A permanent assi!nment can only $e e+ectedwith the consent of the jud!e concerned and$y the e*tension of a new appointment $y thePresident'

This is $ecause the jud!e enjoys security of

tenure and such transfer is tantamount toremo%al from one o3ce and an appointmentto a new o3ce'

Assi!nment within the same



re!ion

The station of a jud!e is the place where he isassi!ned $y law to hold re!ular sessions'

A re!ional trial court jud!e is appointed $yre!ion'

-e may $e assi!ned to any re!ional $ranch of

the court in the city or municipality within thesame re!ion without the need of his consent$ecause of the whole re!ion is his station'

Chan!e of %enue or place of trial



The (upreme Court can order a chan!e of %enue or place of tria

whene%er the imperati%e of securin! a fair and impartial trial orof pre%entin! a miscarria!e of justice so demands'

The (upreme Court rely upon the !eneral !rant of judicial powerthe present Constitution e*pressly in%ests the (upreme Courtwith the specic prero!ati%e to transfer the place of hearin! inthe interest of truth and justice'

Rule/ma)in! power of the



(upreme Court The (upreme Court is %ested $y the Constitution with full

le!islati%e authority to promul!ate rule concernin! the protectioand enforcement of constitutional ri!hts& pleadin!& practice& andprocedure in all courts& the admission to the practice of law& theinte!rated $ar& and le!al assistance to the underpri%ile!ed' Therules promul!ated are called the :Rules of Court;

Protection and enforcement ofi i l i h



constitutional ri!hts' The Constitution reco!ni#e the e%ils of what has $een termed as

:compartmentali#ed justice; where$y throu!h une2ualapplication of the law& those who ha%e power or in=uence arefa%ored to the detrimental of poor& i!norant or helpless liti!ants

In Criminal persecution& the Constitution see)s to a%oid thecon%iction or punishment of an accused who may $e innocent

Pleadin!



Is the act of presentin! oneQs claim& answer& or ar!uments in

defense or prosecution of an action'

The term is used to refer any paper led in court in connectionwith a case $efore it'

Pleadin! are the written alle!ations made $y parties to a case fothe purpose of presentin! issues to $e tried'

Practice of law



It is the doin! or performin! of ser%ices in a court of justice& in

any matter pendin! therein' It includes le!al ad%ice and counsel and the preparation of le!al

instruments and contracts althou!h such matter may not $ependin! in court'

Procedure



It refers to the method $y which su$stanti%e ri!ht may $e

enforced in court of justice' The rules on court procedure promul!ated $y the (upreme Cour

are em$odied in the Re%ised Rules of Court of the Philippines'

Admission to the practice of lawt th @



or to the @ar A person is said to $e admitted to the @ar or is a mem$er of the

@ar when is authori#ed $y the (upreme Court to practice law inthe Philippines'

-e9(he is authori#ed if he9she has the necessary le!al& moral aneducational 2ualications& and the preparation or trainin! in lawand has passed the re2uired e*amination'

Inte!rated @ar



The o3cial national unication of the entire lawyer population o

the Philippines in a sin!le or!ani#ation' The mem$ership and nancial support of e%ery attorney as

conditions :sine ua non/ to the practice of law and the retentioof name in the Roll of attorneys of the (upreme Court'

a"To ele%ate the standards of the le!al professions

$"To impro%e the administration of justice

c"To ena$le the $ar to dischar!e its pu$lic responsi$ility moree+ecti%ely

Le!islati%e assistance to theunderpri%ile!ed



underpri%ile!ed Poor and uninformed liti!ants are entitled to le!al assistance

from the !o%ernment in defendin! or enforcin! their ri!hts toredress the im$alance $etween the parties in ci%il and criminalcases'

They are !i%en lawyers& free of char!e& to represent them andare e*empted from payin! court fees'

The rules on le!al assistance to the underpri%iled!ed must assu

that free access to the courts and 2uasi/judicial $odies is notdenied to any person $y reason of po%erty'

Limitations on the rule/ma)in!power of the (upreme Court



power of the (upreme Court' (uch rules shall pro%ide a simplied and ine*pensi%e procedure

for the speedy disposition of cases They shall $e uniform for all courts of the same !rade

They shall not diminish& increase& or modify su$stanti%e ri!hts

Con!ress has the power to repeal& alter& or amend the rules

promul!ated $y the (upreme Court'

(u$stanti%e and procedurallaw9ri!hts distin!uished



law9ri!hts distin!uished (u$stanti%e Law from Procedural Law

(u$stanti%e Ri!hts from Procedural Ri!hts

(u$stanti%e law



The part of the law which creates& denes& and re!ulate ri!hts

concernin! life& li$erty& or property& or the powers of a!encies orinstrumentalities for the administration of pu$lic a+airs'

E*' Ci%il code& Code of Commerce& Insurance code& Corporationcode& ational Internal Re%enue code& Re%ised Penal Code& andthe Constitution

Procedural laws adjecti%e orremedial laws"



remedial laws" The part of the law which prescri$es the method of enforcin!

ri!hts or o$tainin! redress for their %iolation

Adjecti%e law in the Philippines is !o%erned $y the Rules of Courpromul!ated $y the (upreme Court and $y special laws'Includin! the rules relatin! to courts and their jurisdiction&pleadin!& remedies& trial& and e%idence'

(u$stanti%e ri!hts



Ri!hts which su$stanti%e law declares or ri!hts concernin! life&

li$erty& or property'

E*' Ri!hts in Art' III

Procedural Ri!hts



Refers to the remedies or means $y which an a!!rie%ed party&

whose ri!hts ha%e $een %iolated& may $rin! his9her case to suit&trial& and jud!ement'

E* ri!ht of a party to appeal a decision of a lower court to ahi!her court'



Article VIII' (ection 8MThe (upreme Court shall ha%eadministrati%e super%ision o%er all courts and the personal



The (upreme Court e*ercises administrati%e

super%ision o%er all courts from the Court ofAppeals down to the lowest courts and thepersonal thereof' The power of administrati%esuper%ision of the (upreme Court e*tends to t(andi!an$ayan& a special court $ecause (ecti

refers to :all courts;'

administrati%e super%ision o%er all courts and the personalthereof'

Bualications of Justices of(upreme Court and other Colle!iate



(upreme Court and other Colle!iatecourt

.' -e or she must $e a natural/$orn citi#en of the Philippines'

0' -e or she must $e at least forty 5?" years of a!e'

4' -e or she must ha%e' Kor fteen .7" years or more& $een a jud!e of a lower court or en!a!ed in the practice of law in thePhilippines' And

5' -e or she must $e a person of pro%en competence& inte!rity&pro$ity& and independence'

Bualication of jud!es of lowercourts



courts'

.' Constitutional>

a"-e or she must $e a citi#en' -e need not to $e natural/$orn'

$"-e or she must $e a mem$er of Philippine @ar'

c"-e or she must $e a person of pro%en competence& inte!rity

pro$ity and independence'

0' (tatutory/ Con!ress is !i%en the authority to prescri$e

additional 2ualications for jud!es of lower courts' Thstatutory 2ualications are now pro%ided for under a law

passed $y the defunct @atasan! Pam$ansa'



ARTICLE VIII(ection S(ection

1K T-E P-ILIPPIEC1(TITTI1

Section 8



Para!raph ."

The Constitution pro%ides for the composition of the J@C to include the

followin!>

.' Chief Justice as ex ofcio Chairman

0' Representati%es of the three $ranches of !o%ernment as ex-ofciomembers i'e'& the (ecretary of Justice& and a mem$er from the

Le!islature"

Regular Members

4' A representati%e of the Inte!rated @ar of the Philippines

5' A professor of law

7' A retired mem$er of the (upreme Court

8' A representati%e from the pri%ate sector'



Para!raph 4"



The Cler of the Supreme Court shall $e the

Secretary e! o"cio of the Council and shall )eep arecord of its proceedin!s'

Para!raph 5"

The re!ular 6em$ers of the Council shall receive suchemoluments as may $e determined $y the (upremeCourt' The (upreme Court shall pro%ide in its annual

$ud!et the appropriations for the Council'



Para!raph 7"

The Council shall ha%e the principal function of

recommending appointees to the Judiciary' Itmay e*ercise such other functions and duties asthe (upreme Court may assi!n to it'

Section !



"#ppointment o members o the

Supreme Court and $udges o lowercourts.%

&on-political process o selection and appointment.

The appointin! power is %ested alone in the President'

'ist o at least three ()* nominees.

The president shall appoint from a list of at least #3$nominees prepared $y J@C for e%ery %acancy'

The president shall issue the appointments within !+ daysfrom the su$mission of the list'



-1 (-1LDDECI(I1( 1K



DECI(I1( 1K

T-E C1RT @E6ADE AD

-E,

Article VIII& (ection .4

The conclusions of the (upreme Court in ancase su$mitted to it for decision en $anc or idi i i h ll $ h d i lt ti $ f



di%ision shall $e reached in consultation $eforthe case is assi!ned to a 6em$er for the writin

of the opinion of the Court' A certication to the+ect si!ned $y the Chief justice shall $e issueand a copy thereof attached to the record of thcase and ser%ed upon the parties' Any 6em$ewho too) no part & or dissented or a$stainefrom a decision or resolution must state th

reason therefor' The same re2uirements shall $o$ser%ed $y all lower colle!iate courts'

6AFIG DECI(I1(

.' Decision must $e reached in Consultation

0 Certication of Compliance of the Consultation



0' Certication of Compliance of the Consultation

4' The case is assi!ned to a 6em$er for the writin! of the

opinion of the Court

5' Intention of the A$o%e Re2uirement

7' on/participation& A$stention& or Dissent in of a Justice in6a)in! the Decision



Decision

/jud!ment made $y a court after the presentation of therespecti%e positions of the parties upon a stipulation offacts



facts

.' (tatement of $oth Kactual and Le!al @ases

0' Reason for Re2uirement

4' Le!al @asis 1nly


.' 6a*imum Period in 6a)in! Decisions



A case is considered su$mitted from the date of last Pleadi@rief or 6emorandum led

(upreme Court/ within 05 6onths

Colle!iate Courts/ within .0 6onths unless reduce $y (C

Lower Courts/ within 4 6onths unless reduced $y t(upreme Court

0' o Decision is 6ade within the Period Gi%en



4' 6andatory Limitations

Purpose

Conse2uence of Violations




The (upreme Court shall& within thirty days from the openin!of each re!ular session of the Con!ress& su$mit to The presidentand the Con!ress an annual report on operations and acti%ities othe Judiciary'

(u$mission of Report to the President and Con!ress w

let $oth Go%ernment @ranches to propose or ta



le!islati%e actions that will a+ect the administration

justice includin! the determination of the @ud!et for t Judiciary'

philippine judicial department

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