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work of the courts, their respect for law and order will
banish with it to the great detriment of society.
8. SECTION 1
Independence of the Judiciary:
Congress may not deprive the Supreme Court of the
constitutional powers granted to it(Secs.2,5.)
Congress cannot prescribe the manner in which the Supreme
Court should sit, and determine the number of Justices
composing the court.(Sec.4[1])
The Supreme Court is given the authority to appoint all officials
and employees of the judiciary.(Sec. 5[6])
The member of the Supreme Court and judges of the lower
courts enjoy security of tenure.(Sec.11.)
Their salaries cannot be decreased during their continuance
in office.(Sec.10)
The members of the Supreme Court can only be removed
through the difficult process of impeachment.(Art.XI, Sec.2)
The judiciary enjoys fiscal autonomy.(Sec.3)
9. Section 2
SECTION 2:
The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not
deprive
the Supreme Court of its jurisdiction over cases enumerated in
Section 5 here-of.
No laws shall be passed reorganizing the Judiciary when it
undermine the security of tenure of its Members.
Power Vested to Apportion Jurisdiction of Various Courts
Vested in Congress.
3 Limitations:
The Congress cannot adminish or otherwise impair the original
and appellate jurisdiction of the Supreme Court
over cases.
No law shall be passed reorganizing the judiciary when it
undermines security of tenure guaranteed in Sec 11.
No law shall be passed increasing the appellate jurisdiction of
the Supreme Court without its advice and concurrence.
10. Section 2
Jurisdiction of Courts
Jurisdiction- is the power and authority of a court to hear, try
and decide a case.
It may be:
General when it is empowered to decide all disputes which
may come before it except those assigned to other courts(e.g.
Jurisdiction of the Regional Trial Courts)
Limited when it has authority to hear and determine only a
few specified cases(e.g. jurisdiction of special courts, supra)
Original when it can try and decide a case presented for the
first time
Appellate when it can take a case already heard and decided
by a lower court to removed from the latter by appeal
Exclusive when it can try and decide a case which cannot be
presented before any other court.
Concurrent when any one of two or more courts may take
cognizance of a case.
19. Section 6
Substantive and Procedural Law/Rights Distinguished
Substantive Law part of the law creates, defines and
regulates rights concerning life, liberty, or property, or the
powers of agencies or instrumentalities for the administration
of public affairs.
Substantive Rights rights which substantive law declares or
rights concerning life, liberty or property.
SECTION 6: The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Administrative Supervision over Lower Court
The Supreme Court exercises administrative supervision over
all courts from the Courts of Appeals down to the lowest Courts
and the personnel thereof. This is one fundamental changes
introduced in respect of the judicial system by the 1973
constitution
20. Section 7
SECTION 7:
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 for fifteen years or
more a judge of a lower court or engaged in the practice of law
in the Philippines.
The Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judges of
thereof unless he is a citizen of the Philippine Bar.
A Member of the Judiciary must be a person of proven
competence, integrity, probity and independence.
Qualification for Member of the Supreme Court and any lower
Collegiate Court:
He must be a natural-born citizen of the Philippines
He must be at least forty years of age
He must have for fifteen years or more been a judge of a lower
house or engaged in the practice of law in the Philippines
He must be a person of proven competence, integrity, probity
and independence.
21. SECTION 7
Qualification of Judges of Lower House
Constitutional
He must be a citizen
He must be a member of the Philippine Bar
He must be a person of proven competence, integrity, probity
and independence
Statutory congress is given the authority to prescribe
additional qualification for judges of lower courts.
Administration of Justice
Nature compared to other public functions and duties, the
dispensing of justice, being extremely important, is both
delicate and singular.
Character and Fitness of judges the possession f the legal
qualifications prescribed for appointment to the judiciary and
the existence of constitutional safeguards to protect judicial
independence are no assurance that the appointee will
discharge the duties of his office impartially, free from all
outside pressure and influence.
23. Section 9
SECTION 9:
The Member of the Supreme Court and judges of lower courts
shall be appointed by the President from a list of at least three
nominees prepared by the Judicial and Bar Council for every
vacancy, Such appointments need no confirmation.
Appointment of Members of the Supreme Court and Judges of
Lower Court
Non-political process of selection appointment the appointing
power is vested alone in the President.
List of at least three years nominees- the President shall
appoint from a list of at least 3 nominees prepared by the
Judicial and Bar Council for every vacancy.
Judicial and Bar Council instead of leaving its creation to
legislation, the Constitution itself creates the council providing
at the same time its composition, appointment of the members,
their term of office, their emoluments, and their functions.
24. SECTION 10
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.
Compensation of Members of the Judiciary
The salary of the members of the Supreme Court and of
judges of lower courts shall be fixed by law. Until Congress
shall provide otherwise, the initial annual salary of the Chief
Justice is P240,000 and each Associates Justice, P204,000.
after Congress has fixed the compensation f any of them, it
may not reduce the same during his incumbency.
25. Section 11
SECTION 11:
29. Section 15
Maximum Periods for Rendition of Decision
Supreme Court within twenty-four(24) months
The Court of Appeals and other collegiate appellate courtswithin 12 months unless reduced by the Supreme Court
Lower Court- within 3 months unless reduced by the Supreme
Court
Time Limitation Mandatory
The time limitation established above are mandatory. They are
intended to ease up the clogging of court dockets or matter,
and served upon implement the right of party litigants to
speedy justice under the familiar aphorism that justice delayed
is justice denied. Under Section 5(5), the rules promulgated
by the Supreme Court shall provide a simplified and
inexpensive procedure for the speedy disposition of cases.
30. Section 16
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 operation
and activities of the Judiciary.
The above provision requires the Supreme Court to submit to
the President and Congress an annual report on the
operations and activities of the Judiciary.