PoliSci ART 8

8/17/2019 PoliSci ART 8

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Article VIII - JUDICIAL DEPARTMENTSection 1-8


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SCOPE OF JUDICIAL POWER Section 1

1. Adjudicatory Power a. To settle actual controversiesinvolving rights which are legallydemandable and enforceable.

b. To determine whether there hasbeen a grave abuse of discretionamounting to lack or excess of

jurisdiction on the part of anybranch or instrumentality of thegovernment.

2. Power of udicial review a. To pass upon the validity orconstitutionality of the laws of the!tate and the acts of the otherdepartments of the government.

b. To interpret them.c. To render binding judgment.

". #ncidental powers a. #ncludes the incidental powersnecessary to the e$ective dischargeof the judicial functions such as the

power to punish persons adjudged incontempt.


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!ection 1 JUDICIAL POWER VESTED IN ONE SUPREMECOURT IN LOWER COURTS• udiciary 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 ofthe !upreme &ourt are binding all tribunals.

&'A!!#(#&AT#)*• )nly the supreme court is a constitutional court

in the sense of being a creation of the

&)*!T#T+T#)*.• Stat tor! co rt" # all other courts% including

the !andiganbayan in the sense that they arecreations of 'A,.


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!ection 1&- AT#)* A*/ A0)'#T#)* )( &)+-T! 0&)* - !!

• #n the exercise of its legislative power%&ongress may abolish any or all lower courtsand replace them with other courts subject tothe limitation that the reorgani3ation shall not

undermine the security of tenure. 4!ec.2% par2.5


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!ection 1

)- A*#6AT#)* )( &)+-T!SUPREME COURT

San$i%an&a!an

Co rt o'A((eal"

S)ari*aA((elate

Co rt

Co rt o'Ta+

A((eal"

S)aria*"Di"trict

Co rt"

S)aria*"Circ itCo rt

Re%ionalTrial Co rt

7eT&s7T&&s7T&s

7&T&s


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!ection 1RE,ULAR COURTS FIRST LEVEL.1. 7etropolitan Trial &ourts 47eT&s5 8 established in each

metropolitan area by law.2. 7unicipal Trial &ourts in &ities 47T&&s5 8 created in

every city% which do not form part in metropolitanarea.

". 7unicipal Trial &ourts 47T&s5 8 established in each of

the other cities and municipalities.9. 7unicipal &ircuit Trial &ourts 47&T&s5 8 created in each

circuit comprising such cities and:or municipalities asgrouped by law.

RE,IONAL COURTS SECOND LEVEL.•. The second tier% which is established in each region in

Philippines. ach -T& is comprised of several branches%which functions as follows;

1. Acts as trial courts and receives evidences from

parties of the case.


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!ection 1COURT OF APPEALS T/IRD LEVEL.• xercises its powers% duties and functions through 2"

divisions. The &ourt is tasked to;1. -eview cases submitted to -T&s as well as


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!ection 1SPECIAL COURTS0 SANDI,AN A2AN S . ANDCOURT OF TA3 OF APPEALS CTA".Philippine udicial system is also comprised of specialcourts; the !A*/# A*0A A*% which was created byPresidential /ecree *o. 1?@? and the &ourt of TaxAppeals that was established under -epublic Act *o. 112as amended by -A *). B2C2.

S/ARI*A COURTS(or (ilipino 7uslims% these courts are established in#slamic regions and provinces.


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!ection 2• 'imitations to the exercise of power to apportion

jurisdiction of various courts vested in&ongress;

1. The &ongress cannot diminish or otherwiseimpair the original and appellate jurisdictionof the !upreme &ourt over enumerated in!ection .

2. *o law shall be passed reorgani3ing the

judiciary when it undermines security tenureguaranteed in !ection 11.". *o law shall be passed increasing the

appellate jurisdiction of the !upreme &ourtwithout its advice and concurence.


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!ection 2 J ri"$iction o' Co rt"1. eneral2. 'imited". )riginal9. Appellate

. xclusive?. &oncurrentD. &riminalC. &ivil


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!ection "• 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.


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!ection 9&)7P)!#T#)* )( !+P- 7 &)+-T!• The !upreme &ourt shall composed of

1 members which includes the &hief ustice 415 and 19 Associate ustices.

• The &onstitution re


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!ection 9

Ca"e" to &e )ear$ or $eci$e$ en &anc an$ 4otere5 ire$01. All cases involving the constitutionality of a treaty%

international or executive agreement% or law 4statute5shall always be heard and decided by the !upreme &ourten banc.

2. All other cases including those involving theconstitutionality% application or operation of presidential

decrees% proclamations% orders% instructions% ordinances%and other regulations which under the rules of court.". #n administrative cases where the decision is for the

dismissal of a judge of a lower court% the same majorityvote is necessary to order such dismissal

9. &ases heard by a division shall be decided or resolvedwith the concurrence likewise of the same majority vote isnecessary to order such dismissal

. &ases modifying or reversing a doctrine or principle of lawlaid down by the court in the decision rendered en banc or

in division decided by the court sitting in en banc .


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!ection The !upreme &ourt shall have the followingpowers;1. xclusive Power to pass judgment on

original jurisdiction 8 cases a$ectingambassadors% other public ministers andconsuls over petitions for certiorari%prohibition% mandamus%


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!ection 2. Power to overrule the lower courtsF decisions 8 )nappeal% the aggrieved party may


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!ection ?• The !upreme &ourt shall have

administrative supervision over allcourts and the personnel thereof.


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!ection D• 6 ali7cation" 'or e &er" o' t)e S (re e

Co rt an$ an! lo9er colle%iate co rt:Ge must be a natural>born citi3en of thePhilippinesGe must be a 9@ years of age

Ge must have% for 1 years or more% been a judge of a lower court or engaged in thepractice of law in the Philippines.

• 6 ali7cation" o' ; $%e" o' t)e lo9erco rt":

Ge must be a citi3en of the PhilippinesGe must be a member of the Philippine 0ar.Ge must be a person of proven competence%integrity% probity and independence.


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!ection C• A udicial and 0ar &ouncil is hereby

created under the supervision of the!upreme &ourt composed of ;• &hief ustice as ex ofcio &hairman• The !ecretary of ustice% and a

representative of the &ongress as exofcio 7embers

• a representative of the #ntegrated 0ar• a professor of law• a retired 7ember of the !upreme &ourt• a representative of the private sector.


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• -egular members of the &ouncil 8appointed by the President for a term

of


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• The &lerk of the !upreme &ourt shall bethe !ecretary ex ofcio of the &ouncil andshall =ee( a recor$ o' it" (rocee$in%":

• The regular 7embers of the &ouncil shallrecei4e " c) e ol ent" as may bedetermined by the !upreme &ourt. The!upreme &ourt shall (ro4i$e in it"ann al & $%et the appropriations for the&ouncil.

• 4 5 The &ouncil shall have the (rinci(al' nction of recommending appointees tothe udiciary. #t may exercise such otherfunctions and duties as the !upreme &ourtmay assign to it.


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I Article ? section "@• &ongress can increase its jurisdiction by assigning

to it additional adjudication.• La9 increa"in% ; ri"$iction o' t)e co rt1: A((ellate ; ri"$iction>: Ori%inal ; ri"$iction

PoliSci ART 8

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