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Judicial Department: Article VIII
Judicial Department: Article VIII
Article VIII
Section 1
Mandamus
Order by a superior court to a lower court to perform a certain act
which it is bound to do so
Quo Warranto
Action by the government to recover an office or franchise from
an individual unlawfully holding it
Automatic Review of Cases sentenced by lower court
with Reclusion Perpetua or Death Penalty
Section 7
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.
WHO CAN BE A SUPREME
COURT JUDGE?
Natural-born Philippine citizen
At least 40 years old
At least 15 years experience of being Judge at the
lower court or engaged in the practice of law
Person of proven competence, integrity, probity
and independence
Forlower court Judges, natural-born citizenship
requirement is not necessary
Section 8
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.
Section 8
(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.
JUDICIAL AND BAR COUNCIL
Composition:
Chief Justice
Secretary of Justice
Representative from Congress
Integrated Bar of the Philippines Representative
Professor of Law
Private Sector Representative
Section 9
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
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.