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    Aiken Alagban Ladines
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    The document outlines the provisions for the judicial department in the Philippine constitution. It establishes that judicial power is vested in the Supreme Court and lower courts, and outlines the jurisdiction and powers of these courts. It also covers the composition of the Supreme Court, qualifications and appointment of justices, fiscal autonomy of the judiciary, and administrative supervision over all courts.

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    The document outlines the provisions for the judicial department in the Philippine constitution. It establishes that judicial power is vested in the Supreme Court and lower courts, and outlines the jurisdiction and powers of these courts. It also covers the composition of the Supreme Court, qualifications and appointment of justices, fiscal autonomy of the judiciary, and administrative supervision over all courts.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    874 views4 pages

    Judicial Department Outline

    Uploaded by

    Aiken Alagban Ladines
    The document outlines the provisions for the judicial department in the Philippine constitution. It establishes that judicial power is vested in the Supreme Court and lower courts, and outlines the jurisdiction and powers of these courts. It also covers the composition of the Supreme Court, qualifications and appointment of justices, fiscal autonomy of the judiciary, and administrative supervision over all courts.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 4

    ARTICLE VIII – JUDICIAL DEPARTMENT

    ALAGBAN | GALURA | MANAHAN | UY | I-D CONSTITUTIONAL LAW 1

    Section 1 - JUDICIAL POWER

    Par. 1 – Vested in:


    a) one Supreme Court
    b) lower courts as may be established by law
    Par. 2 – Scope
    a) To settle actual controversies involving rights which are legally demandable and
    enforceable
    b) 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 the Government.

    Section 2 – JURISDICTION

    Par. 1 – Congress: shall have the power to define, prescribe and apportion with the exception of
    cases in Section 5 hereof.
    Par. 2 – Reorganization: No law shall be passed reorganizing the Judiciary when it undermines
    security of tenure

    Section 3 – FISCAL AUTONOMY

    Par. 1
    - Appropriation may not be reduced
    - After approval, appropriations shall be automatically and regularly released

    Section 4 - COMPOSITION

    Par. 1 – 15 members:
    a) a Chief Justice
    b) 14 Associate Justices
    - May sit
    a) En Banc
    b) In its discretion (division of three, five or seven)
    - Vacancy shall be filled within 90 days from occurence
    (
    Par. 2 – Hearing and Decisions
    - Cases involving constitutionality of a treaty, international or executive
    agreement, or law shall be heard by the Supreme Court en banc
    - Rules of court (required to be heard en banc) regarding the constitutionality,
    application and operation of: PDs, proclamations, orders, instructions,
    ordinances, and other regulations.

    Par. 3 – Divisions
    - Cases heard by a division shall be resolved with the concurrence of a majority of
    the Members who actually took part in the deliberations and in no case without
    the concurrence of at least three of such Members.
    - Doctrines shall only be modified or reversed by the Supreme Court sitting en
    banc
    -
    Section 5 – POWERS

    Par. 1 - Original jurisdiction:


    a) cases affecting ambassadors, other public ministers and consuls
    b) petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
    corpus.
    Par. 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) constitutionality or validity (treaty, international or executive agreement, law,


    presidential decree, proclamation, order, instruction, ordinance, or regulation)
    b) Legality (tax, impost, assessment, or toll, or any penalty)
    c) Jurisdiction of any lower court in issue
    d) Criminal cases (reclusion perpetua or higher)
    e) Error or question of law

    Par. 3 - Temporary Assignment of Judges


    - Lower courts to other stations (public interest)
    - Shall not exceed six months without consent of the judge concerned

    Par. 4 – Change of venue

    Par. 5 – Promulgate rules


    On:
    a) Protection and enforcement of constitutional rights, pleading, practice and
    procedure in all courts
    b) The admission to the practice of law, the integrated bar, and legal assistance
    Form:
    a) Simplified and inexpensive procedure for the speedy disposition of cases
    b) Uniform for all courts of the same grade
    c) Shall not diminish, increase, or modify substantive rights.
    d) Other rules shall remain effective unless disapproved by the Supreme Court

    Par. 6 – Appointment of all officials and employees in the Judiciary

    Section 6 – Administrative Supervision over all Courts and personnel thereof.

    Section 7- QUALIFICATIONS

    Par. 1 – Justices
    a) Natural-born citizen of the Philippines
    b) At least 40 years of age
    c) For 15 years or more a judge of a lower court or engaged in the practice of law in the
    Philippines

    Par. 2 – Qualifications
    - Congress shall provide
    - Must be members of the IBP
    - Citizen of the Philippines

    Par. 3 – Characteristics: competence, integrity, probity, and independence

    Section 8 – JUDICIAL AND BAR COUNCIL

    Par.1 - Composition
    a) Chief Justice as ex officio Chairman
    b) Secretary of Justice (ex officio member)
    c) Representative of the Congress (ex officio member)
    d) Representative of the Integrated Bar
    e) Professor of law
    f) Retired member of the SC
    g) Representative of the private sector

    Par. 2 – Term of Office


    a) regular members appointed by President: 4 years
    b) Representative of Integrated Bar – 4 years
    c) Professor of Law – 3 years
    d) Retired Justice – 2 years
    e) Representative of private sector – 1 year

    Par. 3 – Clerk of the Supreme Court as Secretary ex officio

    Par. 4 – Emoluments
    - Determined by the Supreme Court
    - SC shall provide its annual budget

    Par. 5 – Recommending Appointees – may exercise other functions and duties as the
    Supreme Court may assign it

    Section 9 – APPOINTMENT OF MEMBERS

    Par. 1 – Supreme Court and lower courts


    - Appointed by the President from at least 3 nominees from the JBC
    - Need no confirmation
    Par. 2 – Lower courts
    - President shall issue the appointments within ninety days from the submission
    of the list.

    Section 10 & Section 11 – BENEFITS

    Sec. 10 – Salary fixed by law and shall not be decreased during continuance in office

    Sec. 11 – Tenure: during good behavior until they reach the age of 70 years or become
    incapacitated
    - Disciplining Members: SC shall have power to discipline judges of lower courts
    or order their dismissal

    Section 12 – RESTRICTIONS
    - shall not be designated to any agency performing quasi-judicial or
    administrative functions

    Section 13, 14, & 15 - DECISIONS

    Sec. 13 – Conclusions
    Sec. 13 – Consultation
    Sec. 14 – Stating the Legal Basis
    Par. 1 – No decision shall be rendered
    Par. 2 – No petition or motion for reconsideration shall be refused due
    Course or denied

    Sec. 15 – Mandatory Period for Decisions


    Par. 1 – Time for action
    Par. 2 – Submitted for decision or resolution
    Par. 3 – Expiration of Period
    Par. 4 – Judgment despite expiration

    Section 16 – ANNUAL REPORT

    - 30 days from the opening of each regular session of the Congress


    - Submit to the President of the Congress
    - Annual report on the operations and activities of the Judiciary

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