JUDICIAL DEPARTMENTArticle VIII

SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the 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 instrumentally of the government.

What is Judicial Power?

It is the power and duty of courts of justice to apply the laws to contests or disputes concerning legally recognized rights or duties between the State and private persons or individuals, or between private persons or individual litigants, in cases properly brought before the judicial tribunals.

Scope of judicial power Adjudicatory power – 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 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.

Power of judicial review – it also includes the power:- To pass upon the validity or constitutionality of the laws of the state and the acts of the other departments of the government- To interpret them; and- To render binding judgments.

Incidental powers – It includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt.

Legally demandable and enforceable rightsRights must be derived from law or recognized by law to be legally demandable and enforceable in courts.

Grave abuse of discretion “such capricious and arbitrary exercise of judgment as is equivalent, in the eyes of the law, to lack of jurisdiction,” that is, lack of authority to act on the matter in dispute.

Giving of advisory opinions not a judicial function.

A function of executive officials – The judiciary is entrusted by the Constitution with the function of deciding actual cases and controversies. It cannot be required by law to exercise any power or to perform any duty not pertaining to, or connected with, the administration of judicial functions. It is not its function to give advisory opinions. It is a function of executive officials Doctrine of separation of powers – This doctrine calls for the other departments being left alone to discharge their duties as they see fit. The president and congress are not bound to seek the advice of the judiciary as to what to do or not to do. It is a prerequisite that something had been accomplished or performed by either of them before a court may enter into the picture.Pendency of many actual cases – Furthermore, with so many cases pending in courts wherein there is an actual and antagonistic assertion between the parties, it would not serve public interest at all if on hypothetical questions or matters their time and attention would still have to be devoted.

Judicial power vested in one Supreme Court and in lower courts.

Judicial power, under the Constitution, is “vested in one supreme court and in such lower courts as may be established by law.” The 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 on all lower tribunal. Classification of courts – The Supreme Court is the only constitutional court in the sense of being a creation of the constitution. All other courts, including the Sandiganbayan, are statutory courts in the sense that they are creations of law.

Creation and abolition of courts by Congress. – Congress may abolish any or all lower courts and replace them with other courts subject to the limitation that the reorganization shall not undermine security of tenure. However, it cannot abolish the Supreme Court; neither can it create an additional Supreme Court because the constitution provides for only “one Supreme Court.”

Organization of courts

Regular courts – The Philippine judicial system consists of a hierarchy of courts resembling a pyramid with the Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980, the other courts are:

A court of Appeals A Regional Trial Court A Metropolitan Trial Court- A court may consist of several branches.

Special courts – Aside from the regular courts, there are under present laws special courts:

The Sandiganbayan The court of Tax Appeals

Quasi-judicial agenciesAdministrative bodies under the executive branch performing quasi-judicial functions.

Importance of judiciaryThe courts perform a crucial function in society.

Confidence in the certain and even administration of justice. - Lord BrycePreservation of the government. – Chancellor James KentRespect for law and order. - Mr. Justice Arthur Vanderbilt

Independence of the judiciary Main constitutional provisions safeguarding judicial independence -

The Constitution secures, in a number of ways, the independence of the judiciary, to wit: Congress may not deprive the supreme court of the constitutional powers grabted to it Congress cannot prescribe the manner in which The Supreme Court should sit, and

determine the number of Justices composing the court. The Supreme Court is given the authority to appoint all officials and employees of the

judiciary The members of the Supreme Court and judges of lower courts enjoy security of tenure. Their salaries cannot be decreased during their continuance in office The members of the Supreme Court can only be removed through the difficult process of

impeachment and The judiciary enjoys fiscal autonomy.

Other constitutional provisions – The constitutional policy of an independent judiciary is further strengthened by the provisions transferring to the Supreme Court the administrative supervision over all courts and the personnel thereof and the authority to assign temporarily judges of lower courts to other stations as the public interest may require, and the provision giving specific authorization to the supreme court to order a change of venue or place of trial to avoid a miscarriage of justice

Criticism of courts – Criticism should be fair and constructive and based on facts. Irresponsible criticism also tends to erode the faith of the people in the administration of justice. Respect of the people for the courts is the only sure guarantee for their stability and permanence.

SECTION 2. The Congress shall have the power to define, prescribe, and

apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction of the various over cases enumerated in Section 5 hereof. No law shall be passed reorganizing the Judiciary where it undermines the security of tenure of its Members.

Power to apportion jurisdiction of various courts vested in congressThe power to define, prescribe and apportion the jurisdiction of the various courts is vested by the Constitution in Congress. However, there are three limitations to the exercise of this power, namely: The congress cannot diminish or otherwise impair the original and appellate

jurisdiction of the supreme court over cases enumerated in section 5; No law shall be passed reorganizing the judiciary when it undermines security of

tenure guaranteed in section 11 and No law shall be passed increasing the appellate jurisdiction of the Supreme

Court without its advice and concurrence.

Jurisdiction of courtsJurisdiction is the power and authority of a court to hear, try and decide a case. It may be: General - when it is empowered to decide all disputes which may come before

it except those assigned to other courts (e.g., Jurisdiction of Regional Trial Courts);

Limited – When it has authority to hear and determine only a few specified cases (e.g., Jurisdiction of special courts, supra.);

Original – when it can try and decide a case presented for the first time. It may be exclusive or concurrent.

Appellate - when it can take a case already heard and decided by a lower court removed from the latter by appeal;

Exclusive – when it can try and decide a case which cannot be presented before any other court;

Criminal – that which exists for the punishment of crime; and Civil – that which exists when the subject matter is not a criminal nature

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for 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.

Fiscal autonomyThe entire judiciary shall enjoy fiscal autonomy.Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year.Once approved, appropriations shall be automatically and regularly released.

SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. (2) All cases involving the constitutionality of a treaty, international or executive agreement, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. (3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc; Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Composition of the Supreme CourtChief Justice and14 Associate Justices

Sitting procedureEn banc or in divisions – The Supreme Court may sit and hear cases en banc (as one body) or in divisions of three, five or seven members. It is now the Supreme Court that decides whether or not it will sit in divisions.

Number of division – On the basis of fifteen members, the number of divisions will be five composed of three members each; three composed of five members each; or two, meeting separately. In case two divisions, there will be eight members including the Chief Justice in one division, and seven in the other.

Decisions of division/s – By sitting in divisions, the Supreme Court increases its capacity to dispose of cases pending before it. The decision of a division is the decision of the Supreme Court itself.

Executive agreement is an agreement entered into by the president on belf of the Philippines with the government of another country and is effective and binding upon the Philippines even without the concurrence of congress.

Classes of executive agreementsThose made purely as executive acts affecting external relations and independent of legislative authorization.

Power of judicial reviewThe power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because it is conflict with the fundamental law.

Limitations on exercise of power of judicial reviewThere must be a concurrence of at least a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon;

• A law must be sustained unless clearly repugnant to the Constitution in view of the presumption of validity. In other words, when there are two possible interpretations, by one of which a statute would be unconstitutional, and by the other would be valid, the court should adopt the latter.

• The question of wisdom, propriety, or necessity of a law, is not open to determination by the court, and

• Political questions are generally addressed to the political (elective) branches of the government and are, therefore, not justiciable.

Justiciable question distinguished from political questionA justiciable question is one which affects personal or property rights accorded to every member of the community in cases properly brought before the judicial tribunals. A political question, on the other hand, is one which, under the constitution, “is to be decided by the people by their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government.”

SECTION 5. The Supreme Court shall have the following powers:(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.(c) All cases in which the jurisdiction of any lower court is in issue.(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.(4) Order a change of venue or place of trial to avoid a miscarriage of justice.(5) 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. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Original jurisdiction of Supreme Court over cases affecting ambassadors, etc.Diplomatic agents of a foreign country – The words “ambassadors, other public ministers and conculs” include all possible diplomatic agents which any foreign power may accredit to another state.Privileges and immunities – As a rule, ambassadors and other public ministers are exempt from the jurisdiction of tribunals of the other country to which they are accredited.

Original jurisdiction of Supreme Court over petitions for certiorari, etc. The Supreme Court exercises original jurisdiction over petitions for the issuance of writs

of certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It has original and exclusive jurisdiction over petitions for the issuance of writ of

certiorari, prohibition and mandamus against the court of appeals. Certiorari – It is a writ issued from a superior court requiring a lower court or a board, or

officer exercising judicial functions to transmit the recordsof a case to the superior court for purpose of review.

Prohibition – It is a writ by which a superior court commands a lower court or a corporation, board or person acting without or in excess of its or his jurisdiction, or with grave abuse of discretion, to desist from further proceedings in an action or matter.

Mandamus – It is an order issued by a superior court commanding a lower court or a corporation, board or person to perform a certain act which it is its or his duty to do.

Quo warranto – It is an action by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it.

In addition, the Supreme Court exercises original and exclusive jurisdiction over all contests relating to the election, return s, and qualifications of the President and Vice-President.

Rule-making power of the Supreme Court The Supreme Court is vested by the Constitution with full legislative authority 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. The rules promulgated are called the “rules of Court.” Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. • Protection and enforcement of constitutional rights – The constitution

accord great importance to the full enjoyment by the people of their constitutional rights that even the Supreme Court is enjoined to promulgate rules of procedure concerning their protection and enforcement in cases pending before the courts.

• Pleading – It is the act of presenting one’s claim, answer, or arguments in defense or prosecution of an action.

• Practice of law – As generally understood, it is the doing or performing of services in a court of justice, in any matter pending therein.

• Procedure – It refers to the method by which substantive rights may be enforced in courts of justice.

• Admission to the practice of law or to the bar – A person is said to be admitted to the ar or is a member of the Barr when he is authorized by the Supreme Court to practice law in the Philippines.

• Integrated bar – It means the official national unification of the entire lawyer population of the Philippines in a single organization.

• Legal assistance to the under privileged – Poor and uninformed litigants are entitled to legal assistance from the government in defending or enforcing their rights to redress the imbalance between the parties in civil and criminal cases.

Limitations on the rule-making power of the Supreme CourtThey are the following:

• Such rules shall provide simplified and inexpensive procedure for the speedy disposition of cases;

• They shall be uniform for all courts of the same grade; and• They shall not diminish, increase, or modify substantive rights.

Substantive rand procedural law/rights distinguished.

Substantive law and procedural law are the two main categories within the law. Substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies. Procedural law is the body of legal rules that govern the process for determining the rights of parties.

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

Administrative supervision over lower courtsThe Supreme Court exercises administrative supervision over all courts from the Court of Appeals down to the lower courts and the personnel thereof.

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines . A Member of the Supreme Court must be at least forty years of age and, must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines .(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Qualifications for members of the Supreme Court:

1. Natural born citizen of the Philippines2. At least 40 years old3. At least 15 years of experience as a judge or in the practice of law in the Philippines4. Person of proven competence, integrity, probity and independence.

Qualifications for members of lower collegiate courts (CA, CTA, Sandiganbayan)

1. Natural born citizen of the Philippines2. Member of the Philippine bar3. Possesses other qualifications prescribed by Congress4. Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower courts

1. Citizen of the Philippines (may be a naturalized citizen)2. Member of the Philippine Bar3. Possesses other qualifications prescribed by Congress4. Person of proven competence, integrity, probity and independence.

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the 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, and a representative of the private sector.(2) The regular Members of the Council shall be appointed by the President for a term of four 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 years, the retired Justice for two years, and the representative of the private sector for one year.(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.(4) 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.

SECTION 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared 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 ninety days from the submission of the list.

Appointments to the Judiciary

• President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the Judicial and Bar Council.

• No Commission on appointments confirmation is needed for appointments to the Judiciary.

• Vacancies in Supreme Court should be filled within 90 days from the occurrence of the vacancy.

• Vacancies in lower courts should be filled within 90 days from submission to the President of the Judicial and Bar Council list.

Functions of Judicial and Bar Council

• Principal function: recommend appointees to the Judiciary

• Exercise such other functions as the Supreme Court may assign to it.

SECTION 10. The salary of the Chief 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 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reached the age of seventy years or become incapacitated to discharge the duties of 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 the Members who actually took part in the deliberations on the issues in the case and voted thereon.

1. Members of the Supreme Court and judges of the lower courts hold office during good behavior untila. The age of 70 years old; orb. They become incapacitated to discharge their duties. 2. Disciplinary action against judges of lower courts:a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein. 3. Removal of Supreme Court Justices:a. Only by IMPEACHMENT.b. Cannot be disbarred while they hold office.

SECTION 12. The 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 13. The 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 a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

SECTION 14. No 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 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three 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 pending, brief, or memorandum required by the Rules of Court or by the court itself.(3) Upon the expiration of the corresponding period, a 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 16. The Supreme Court shall, within thirty 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.