Article Viii
Article Viii
Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these questions
have been vested by the Constitution in the Executive and Legislative Departments.
2. Member of the Philippine bar 1. Salaries of SC Justices and judges of lower courts shall be fixed by law.
3. Possesses other qualifications prescribed by Congress 2. Cannot be decreased during their continuance in office, but can be increased.
4. Person of proven competence, integrity, probity and independence. 3. Members of the Judiciary are NOT exempt from payment of income tax.
1. Citizen of the Philippines (may be a naturalized citizen) 1. Members of the SC and judges of the lower courts hold office during good behavior until
3. Possesses other qualifications prescribed by Congress b. They become incapacitated to discharge their duties.
4. Person of proven competence, integrity, probity and independence. 2. Disciplinary action against judges of lower courts:
Section 8. JUDICIAL AND BAR COUNCIL a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
1. The Judicial and Bar Council is under the supervision of the SC. b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the
deliberations and voted therein.
A. Is under the supervision of the Supreme Court and is composed of:
3. Removal of SC Justices:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member a. Only by IMPEACHMENT.
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar b. Cannot be disbarred while they hold office.
5. A professor of law
6. A retired member of the SC; and Secs. 4-6, 13. THE SUPREME COURT
7. Private sector representative Hearing of cases:
Note: The last four re the regular members of the JBC. Regular members are appointed by 1. En banc; or
the President with CA approval. Regular members serve for 4 years, with staggered terms. 2. Divisions of 3, 5, or 7.
B. Functions of JBC Cases required to be heard en banc:
1. Principal function: recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it. 1. All cases involving constitutionality of a/an:
C. Appointments to the Judiciary
a. Treaty 1. SC has ORIGINAL jurisdiction over
b. International or executive agreement or a. Cases affecting ambassadors, other public ministers and consuls.
c. Law. Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
2. All cases required to be heard en banc under the Rules of Court: b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.
a. Appeals from Sandiganbayan; and 2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
b. From the Constitutional Commissions a. All cases involving the constitutionality or validity of any
b. It should be uniform for all courts of the same grade. 1. Prior to the declaration that a particular law is unconstitutional, it is considered as an
‘operative fact’ which at that time had to be complied with.
c. It should not diminish, increase, or modify substantive rights.
2. Thus, vested rights may have been acquired under such law before it was declared
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law. unconstitutional.
7. Exercise administrative supervision over ALL courts and the personnel thereof. 3. These rights are not prejudiced by the subsequent declaration that the law is
unconstitutional.
Decisions of the Supreme Court:
Sec. 14. DECISIONS
1. Reached in consultation before being assigned to a member for the writing of the opinion.
1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. A certification to this effect must be signed by the Chief Justice and attached to the record
of the case and served upon the parties. 2. Refusal to give due course to petitions for review and motions for reconsideration must
state the legal basis for such refusal.
3. Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore. 3. Memorandum decisions, where the appellate court adopts the findings of fact and law of
the lower court, are allowed as long as the decision adopted by reference is attached to the
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and
Memorandum for easy reference.
theSandiganbayan).
JUDICIAL REVIEW 4. These rules only apply to courts. They do not apply to quasi-judicial or administrative
Definition bodies nor to military tribunals.
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.