Political Science

Article 8

BY: RODELYN V. ALPAY2A-1 BEED

JUDICIARY

Judicial Power refers to the authority exercised by the

government which is charge with the declaration of what the law is and its construction.

is the power of the court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.

Judicial Power is the authority of the court to hear and

decide all cases brought before it applying appropriate laws sufficient to settle controversies .

Judicial Review Is the power of the courts to test the validity

of the executive and legislative acts in light of their conformity with the Constitution.

Judicial Review ҉ Requisites ҉1. ACTUAL CASE or Controversies2. Constitutional question must be raised in

proper party.3. Constitutional question must be raised at

earliest opportunity4. Determination of constitutionality of the

statute must necessary to the final review.

Judicial Review ҉ Functions ҉1. Checking2. Legitimizing3. Symbolic

Duties of the Court of Justice The Supreme Court is composed of a chief

justice and fourteen (14) associate justices.

Qualifications of Justice of the Supreme Court

a natural-born citizen at least 40 years of age must have been for 15 years or more a judge

of lower court a member of the Judiciary must be a person

of a proven competence, integrity, probity, and independence.

Judges of Lower Court

a citizen of the Philippines a member of the Philippine Bar a member of the judiciary must be a person

of proven competence, integrity, probity, and independence.

Specific Qualification of Lower Courts Presiding Justice and Associate Justices of the

Court of Appeals Justice Regional Trial Court Judges Metropolitan, Municipals, and Municipal

Circuit Trial Court Judges

Lower Courts

Regional Trial Court Sandiganbayan Municipal Trial Court City Trial Court Court of Tax Appeals Sharia Court

Tenure of Office of the Judiciary

1. Members of Supreme Court and judges of lower courts shall enjoy their offices during good behavior.

2. Members of Supreme Court shall enjoy the office until they are removed in the long and difficult process of impeachment.

Tenure of Office of the Judiciary

3. Members of Supreme Court and judges of lower courts shall hold office until they reach the age of 70 years or become incapacitated.

4. Members of the lower courts shall continue their office until dismissed by members of Supreme Court on a probable cause.

Vacancy in Supreme Court in case of vacancy or inability to perform the

duties and powers of his office, they shall devolve upon the Associate Justice who is first in precedence, until such disability is removed or another chief justice is appointed and duly qualified.

Kinds of Jurisdiction Original Jurisdiction- refers to the authority

or power of the court to hear and decide any legal controversy brought for the first time.

Appellate Jurisdiction- refers to the authority of the court to take action on a case appealed before it, which was previously decided by the lower courts.

Kinds of Jurisdiction

General Jurisdiction- refers to the general empowerment extended to a court to hear, try, and decide all cases, except those disputes and controversies expressly assigned to the other courts of justice.

Limited Jurisdiction- refers to the court’s authority to decide on all disputes limited to specified cases, like Court of Tax Appeals.

Kinds of Jurisdiction

Exclusive Jurisdiction- refers to the court’s sole jurisdiction to decide on a case, which cannot be tried by any other court.

Concurrent Jurisdiction- refers to the jurisdiction of one or two or more courts to hear, try, and decide case.

Jurisdiction of the Supreme Court1. Original Jurisdiction a. For special civil actions, the Supreme Court

assumes original jurisdiction over petitions for:

- Certiorari - Prohibition - Mandamus - Quo Warranto

Jurisdiction of the Supreme Court

b. Ambassador, others public ministers, and consuls

The Concept of Grave Abuse of Discretion - Justiciable Question - Political Question 2. Appellate Jurisdiction 3. Rule Making Power

Sitting Procedure of the Supreme Court

The Supreme Court may sit en banc (as a whole body) or in divisions of three , five, or seven members.

Composition and Function of Judicial and Bar Council

a) Chief justice as ex-officio chairmanb) The Secretary of Justice as ex-officio

member.c) a representative of the Congress as ex-officio

member.d) a representative of an Integrated Bar of the

Philippines.e) A professor of law.

Composition and Function of Judicial and Bar Council

f) a retired member of the Supreme Court g) a representative of the private sector h) Clerk of the Supreme Court