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1.

Article VIIIJUDICIAL DEPARTMENT


2. SECTION 1.
Judicial Power is the power to apply the laws to contests or
disputes concerning legally recognized right or duties between
the State and private persons, or between individual litigants in
cases properly brought before the judicial tribunals.
Scope of judicial power
1. Adjudicatory power
(a.) to settle actual controversies involving rights which are
legally demandable and enforceable; and
(b.) to determine whether 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.
2. Power of judicial review
(a.) to pass upon the validity or constitutionality of the laws of
the State and the acts of the other departments of the
government;
(b.) to interpret them;
(c.) to render binding judjement.
3. Incidental powers. It likewise includes the incidental
powers necessary to the effective discharge of the judicial
functions such as the power to punish persons adjudged in
contempt.
3. Organization of Courts.
1.) Regular courts. The Philippine judicial system consists of
a hierarchy of courts resembling a pyramid with the Supreme
Court at the apex.
a.) Court of Appeals (now with 69 Justices headed by a
Presiding Justice) which operates in 23 divisions each
comprising three (3) members. The court sits en banc only to
exercise administrative, ceremonial, or other non-adjudicatory
functions;
b.) Regional Trial Court presided by 720 Regional Trial Judges
in each thirteen (13) regions of the country; and
c.) Metropolitan Trial Court in each Metropolitan area
established by law; a Municipal Trial Court in every city not
forming part of a metropolitan area in each of the municipalities
not comprised within a metropolitan area and a municipal
circuit; and a Municipal Circuit Trial Court in each area defined
as municipal circuit comprising one or more cities and/or more
municipalities grouped together according to law.
4. 2. Special courts.
a.) The court of Tax of Appeals (with three judges headed by a
Presiding Judge) was created under Republic Act. No. 1125,
as amended, which has exclusive appellate jurisdiction to
review on appeal decisions of the Commissioner of Internal
Revenue involving internal revenue taxes and decisions of the
Commissioner of Customs involving customs duties.
b.) The Sandiganbayan (now with 15 justices headed by
presiding Justice) which operates in five (5) divisions each
comprising three (3) members, was created by Presidential
Decree No. 1606 pursuant to the mandate of the 1973
Constitution. It shall continue to function and exercise provided
by a subsequent law.

5. Importance of the judiciary.


1.) Confidence in the certain and even administration of justice.
2.) Preservation of the government.
3.) Respect for law and order.
Independence of the judiciary.
1.) Congress may not deprive the Supreme Court of the
constitutional powers granted to it;
2.) Congress cannot prescribe the manner in which the
Supreme Court should sit, and determine the number of
Justices composing the court;
3.) The Supreme Court is given the authority to appoint all
officials and employees of the judiciary;
4.) The members of the Supreme Court and judges of lower
courts enjoy security of tenure.
5.) Their salaries cannot be decreased during their
continuance in office;
6.) The members of the Supreme Court can only be removed
through the difficult process of impeachment;
7.) The judiciary enjoys fiscal autonomy
6. SECTION 2.
Power to apportion jurisdiction of various courts vested in
Congress.
The power to define, prescribe, and apportion the jurisdiction
of the various courts is vested by the Constitution in Congress.
However, there are 3 limitations to the exercise of this power,
namely;
1.) The Congress cannot diminish or otherwise impair the
original and appellate jurisdiction of the Supreme Court over
cases enumerated in Section 5.
2.) No law shall be passed reorganizing the judiciary when it
undermines security of tenure guaranteed in Section 11; and
3.) No law shall passed increasing the appellate jurisdiction of
the Supreme Court without its advice and concurrence.
7. Jurisdiction of courts. is the power and authority of a court
to hear, try, and decide a case. It may be:
1.) General.- when it is empowered to decide all disputes
which may come before it except those assigned to other
courts.
2.) Limited.- when it has authority to hear and determine only a
few specified cases.
3.) Original. when it can try and decide a case presented for
the first time.
4.) Appellate. when it can take a case already heard and
decided by a lower court removed by the latter by appeal.
5.) Exclusive.- when it can try and decide a case which cannot
be presented before any other court.
6.) Concurrent.- when any one of two or more courts may take
cognizance of a case.
7.) Criminal.- that which exists for the punishment of crime.
8.) Civil.- that which exists when the subject matter is not of a
criminal nature.
8. SECTION 3.
The Judiciary shall enjoy fiscal autonomy. Appropriations for
the Judiciary may not be reduced by the legislature below the

amount appropriated for the previous year and, after approval,


shall be automatically and regularly released.
9. SECTION 4.
Composition of the Supreme Courts.
- 15 members including the Chief Justice.
The Constitution requires any vacancy to be filled within 90
days from the concurrence.
Sitting procedure.
The Supreme Court may sit and hear en banc or in divisions of
3, 5, or 7 members. It is now Supreme Court decides whether
or not will sit in divisions. On the basis of 15 members, the
number of divisions will be 5, composed of 3 members each; 3,
composed of 5 members each; or 2 meeting separately. In
case of 2 divisions, there will be 8 members including the Chief
Justice in one division, and 7 in the other. The different sizes of
the divisions would indicate the relative importance of the case
being heard.
10. Meaning of executive agreement.
Is an agreement entered into by the President on behalf of the
Philippines with the government of another country and is
affective and binding upon the Philippines without the
concurrence of Congress.
Classes:
1.) Those made purely as executive acts
2.) Those entered into pursuance of acts of Congress.
Meaning of power of judicial review.
Is the power of the courts, ultimately of the Supreme Court, to
interpret the Constitution and to declare any legislative or
executive act invalid because it is in conflict with the
fundamental law.
SECTION 5.
1.) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers, consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
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.) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or
regulation is in question.
(b.) All case involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation therto.
11. (c.) All cases in which the jurisdiction of any lower court is
in issue.
(d.) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.

(e.) All cases in which only an error or question of law is


involved.
3.) Assign temporarily judges of lower courts to other stations
as public interest may require. Such temporary assignment
shall not exceed 6 months without the consent of the judge
concerned.
4.). Order change of venue or place of trial to avoid a
miscarriage of justice.
12. 5.) Promulgate rules concerning protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to practice of law, the
Integrated Bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive
procedure for the speedy dispositions of cases, shall be
uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
6.) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
13. SECTION 6.
The Supreme Court shall administrative supervision over all
courts and the personnel thereof.
14. SECTION 7.
Qualifications for members of the Supreme Court.
1.) Natural-born citizen of the Philippines
2.) Must be at least 40 yrs. of age.
3.) Must have been for 15 yrs. or more a judge on lower court
or engaged in the practice of law in the Philippines
4.) Must be a person of proven competence, integrity, probity
and independence.
15. 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 Member, 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 4 years with the consent of the
Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for 4 years,
the professor of law for 3 years, the retired Justice for 2 years,
and the representative of the private sector for 1 year.
16. 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
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.
17. SECTION 9.
The members of the Supreme Court and judges of lower
courts shall be appointed by the President from a list of at least
3 nominees prepares by the Judicial and bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within 90 days from the submission of the list.
18. SECTION 10.
The salary of the Chief of 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.
19. SECTION 11.
The Members of the Supreme Court and judges of lower
courts shall hold office during good behavior until they reach
the age of 70 years or become incapacitated to discharge the
duties their office. The Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their
dismissal by a vote of a majority of Members who actually took
part in the deliberations on the issues in the case and voted
thereon.
20. SECTION 12.
The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
21. SECTION 13.
The conclusions of the Supreme Court in any case submitted
to it for decision en banc or in division shall be reached in
consultation before the case is assigned to a Member for the
writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from
decision or resolution must state the reason therefor. The
same requirements shall be observed by all lower collegiate
courts.
22. SECTION 14.
No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is
based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefor.
23. SECTION 15.
1.) All cases or matters filed after the effectivity of the
Constitution must be decided or resolved within 24 months
from date of submission for the Supreme Court, and, unless
reduced by Supreme Court, 12 months for all lower collegiate
courts, and 3 months for all other lower courts.
2.) A case or matter shall be deemed submitted for decision or

resolution upon the filing of the last pleading, brief, or


memorandum required by the Rules of Court or by the court
itself.
24. 3.) Upon the expiration of the corresponding period,
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served upon
the parties. The certification shall state why a decision or
resolution has not been rendered or issued within said period.
4.) Despite the expiration of the applicable mandatory period,
the court, without prejudice to such responsibility as may have
been incurred in consequence thereof, shall decide or resolve
the case or matter submitted thereto for determination, without
further delay.
25. SECTION 16.
The Supreme Court shall, within 30 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.
1. Article VIIIJUDICIAL DEPARTMENT
2. SECTION 1
SECTION 1:
The judicial power shall be vested in one Supreme Court and
in such lower courts
as may be establish by Law.
Judicial power include the duty of the courts of justice to settle
actual controversies involving rights which are legally
demandable and enforceable,
and 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.
3. SECTION 1
JUDICIAL POWER
the State and private persons, or between individual litigants in
cases properly brought before the judicial tribunals.
SCOPE OF JUDICIAL POWER
Adjudicatory power- duty of courts of justice.
To settle actual controversies involving rights which are legally
demandable and enforceable
To be determine whether there has been a grave abuse of
discretion amounting to lack of excess of
jurisdiction(infra) on the part of any branch or instrumentality of
the government.(Sec.1, par.2.)
Power of judicial review -power
To pass upon validity or constitutionality of the laws of the
State and the acts of the other
departments of the government.
b. To interpret them To render binding judgements
Incidental powers
4. SECTION 1
Judicial power vested in one supreme Court and in Lower

Courts

work of the courts, their respect for law and order will
banish with it to the great detriment of society.

Judicial power, under the Constitution, is vested in one


Supreme Court and in such lower courts as may be
established by law. (Sec.1.). The judiciary composed of the
courts is one of the three main divisions of power in our
government.

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)

5. Only the Supreme Court is a constitutional court in the


sense of being a creation of the Constitution in the sense of
being a
6. creation of the Constitution. All other courts, including
Sandiganbayan are Stationary Courts in the sense they are
creation of law.
Organization of courts
Regular Courts -the Philippine judicial system consists of a
hierarchy of courts resembling a pyramid with the Supreme
Court
at the apex. Under the Judiciary Act of 1980, the other courts
are:
A Court of Appeals
A Regional Trial Court presided
A Metropolitan Trial Court
Special Courts
The Court of Tax Appeals
The Sandiganbayan
Quasi-judicial Agencies
7. SECTION 1
Importance of the judiciary
In the language of Lord Bryce:
The more clearly touches the welfare and security of the
average citizen than his sense that he can rely on
the certain and prompt administration of justice. Law is
respected and supported when it is trusted as the shield of
innocence and the impartial guardian of every private civil
right. But if the law be dishonestly administered, the salt
has lost its savour; if it be weakly or unfaithfully enforced, the
guarantees of order fail, for it is more by the certainty
than by the severity of punishment that offenses are
repressed. If the lamp of justice goes out in the darkness, how
great is that darkness.
According to Chancellor James Kent:
Where there is no judicial department to interpret and
execute the law, to decide controversies, and to
enforce rights, the government must either perish by its own
imbecility or the other departments of government must
usurp powers for the purpose of commanding obedience, to
the destruction of liberty
In the words of Mr. Justice Arthur Vanderbilt:
It is the courts and no in the legislature that our citizens
primarily feel the keen cutting edge of the law.
If they have respect for the work of the courts, their respect for
law will survive the shortcomings of any other
branch of the government; but if they lose their respect for the

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.

Criminal that which exists for the punishment of crime.


Civil that which exists when the subject matter is not of a
criminal nature
(e.g. collection of debts)
11. Section 3
The Judiciary shall enjoy fiscal autonomy. Appropriations for
the Judiciary may not be reduced by the legislature below the
amount appropriated for the previous year and after approval,
shall be automatically and regularly released.
Fiscal Autonomy
Section 3 seeks to insure the independence the judiciary. The
appropriations for the judiciary may not be reduced as
provided above but they may be increased. The constitution
takes into account the fact that the administration f justice, in
the past, has always been at the bottom list of priorities in
government budgetary appropriations. The prohibitation
against reduction by Congress of the appropriation for the
judiciary below the amounts appropriated for the previous year
assures, at least, that the minimal finding requirements of the
judiciary will be met.
12. Section 4
SECTION 4:
1. The Supreme Court shall be composed of a Chief Justice
and fourteen Associates Justices. It may sit en banc or in its
discretion, in division of three, five, or seven members. Any
vacancy shall be filled with ninety days from the occurrence
thereof.
2. All cases involving the constitutionally of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, including those involving
the constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and
other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
3. Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the
case and voted thereon. And in no case, without the
concurrence of at least three of such Members.
13. Section 4
Composition of the Supreme Court:
The new constitution retained the membership of the supreme
court of 15 members including the Chief Justice under the
1973 Charter to cope with continuing increase in the number of
cases brought about by a growing population.
Sitting Procedure:
The Supreme Court may sit en banc or in division of three(3),
five(5), or seven(7) members. It is now the Supreme Court that
decides whether or no it will sit in divisions. On the basis of
fifteen(15) members, the number of division swill be five(5),
three(3), or two(2), meeting separately. In case of two(2)
divisions, there will be eight(8) members including the Chief
Justice in one division, and seven(7) in other division.
Cases to be Heard or Decided En Banc and Vote Acquired:

All classes involving the constitutionality of a treaty,


international or executive agreement, or law shall always be
heard and decided by the Supreme Court en banc.
All other cases including those involving the constitutionality,
application or operation of presidential decrees, proclamations,
orders, instructions, ordinances and other regulation which
under the rules of courts are required to be heard en banc
shall be decided with the concurrence also of the number
provided above(Ibid).
In administrative cases where the decision is for the dismissal
of a judge of a lower court, the same majority vote is
necessary to order such dismissal.
14. Section 4
Cases heard by a division shall be decided or resolved with the
concurrence likewise of the same majority of the members who
are at least three(3) in number but if such required number is
not obtained, the cases shall be decided en banc
Cases modifying a doctrine or principle of law laid down by the
Court in a decision rendered en banc or in division shall be
decided by the Court sitting en banc.
Executive Agreement is an agreement entered by the
President on behalf of the Philippines with the government of
another country and is effective and binding upon the
Philippines even without the concurrence of Congress.
Classes of Executive Agreements
Those who made purely as executive acts
Those entered into the pursuance of acts of Congress
Power of the Judicial Review- is the power of the courts,
ultimately of the Supreme Court, to interpret the Constitution
and to declare any legislative or executive act invalid because
it is in conflict with the fundamental law.
15. SECTION 4
Imitation on Exercise of Power of Judicial Review
There must be concurrence of at least a majority of the
members who actually took part in the deliberations on the
issues in the case and voted thereon(Sec.4[2,3])
A law must be sustained unless clearly repugnant to the
Constitution in view of the presumption of validity.
The question of wisdom, propriety, or necessity of a law, etc., is
no open to determination by the court.
Political question are generally addressed o the political
branches of the government and are, therefore, not justifiable.
16. Section 5
SECTION 5:
Judiciable Question Distinguish from Political Question :
Judicial Question is one which affects personal or property
rights accorded to every member of the community in cases
properly brought before the judicial tribunals.
Political Question is one which under the Constitution.
SECTION 5: The Supreme Court shall have the following
powers:
Exercise original jurisdiction over cases affecting
ambassadors, other public minister and consuls, and over
petitions for certiorari, prohibitation, mandamus, quo warranto,
and habeas corpus.

Review, revise, reverse, modify, or affirm on appeal or


certiorari as the law or the Rules of Court may provide, final
judgment and orders of lower courts in:
All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.
All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases in which the penalty imposed is reclusion
perpetuaor higher.
All cases in which only an error or question of law is involved.
17. Section 5
Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall
not exceed six months without the consent of the judge
concerned.
Order a change of venue or place of trial to avoid a
miscarriage of justice.
Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged.
Appoints all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Original Jurisdiction of Supreme Court Over Petition for
Certiorari
Certiorari
Prohibitation
Mandamus
Quo Warranto
Exclusive Appellate Jurisdiction of the Supreme Court
by Appeal
by Certiorari
A Question of Law
18. Section 5
Rule-Making Power of the Supreme Court
Protection and Enforcement of Constitutional Rights
Pleading
Practice of Law
Procedure
Admission to the Practice of Law or to the Bar
Integrated Bar
General purpose of Integrated Bar
a. To elevate the standards of the legal profession
b. To improve the administration of justice
c. To enable the bar too discharge its public responsibility more
effective.
Legal Assistance to the Underprivileged
Limitation on the Rule-Making Power of the Supreme Court
Rule shall provide a simplified and inexpensive procedure for
the speedy disposition of cases.
They shall be uniform for all courts of the same grade
They shall no diminish, increase, or modify substantive rights.

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.

Judicial standards more exacting there is no place in the


judiciary for those who cannot meet the exacting standards of
judicial competence and integrity.
22. Section 8
SECTION 8:
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 Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a representative of
the private sector.
The regular members of the council shall be appointed by the
President for a term of four years with the consent of the
Commission of Appointments.
The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep record of its proceedings.
The singular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court
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.

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:

The Member of the Supreme Court and judges of lower courts


shall hold office during good behaviour until they reach the age
of seventy years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc shall have
the power to discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members who actually
took part in the deliberations on the issues in the case and
voted thereon.
Tenure of Office of Members of the Judiciary
Importance of security of tenure section 11 insures the
security of tenure of the members of the Supreme Court and
the judges of lower courts.
Retirement age the retirement age in 1973 Constitution was
reduced from the original seventy(70) to sixty-five(65) years
which is the retirement age of other non-elective government
officials and employees and restored again to seventy(70)
Termination of rights to hold office the constitution provides
for the impeachment of the members of the Supreme Court
Abolition of office well-known rule that valid abolition of
offices is neither removal nor separation of incumbents.
26. Section 12
SECTION 12:
The Member of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administration.
The following reason may be given for the prohibitation:
Such designated violates the doctrine of separation of powers
between the judicial and executive branches of the
government.
It may compromise the independence of the members in the
performance of their judicial functions
With so many cases pending in courts, the practice will result
in further delay in their disposition.
27. Section 13-14
SECTION 13:
The conclusion of the Supreme Court in any case submitted to
it for decision en banc or in division shall be reached in
consultation before the case is assigned to a Member for the
writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from
a decision or resolution must state the reason therefore. The
same requirements shall be observed by all lower collegiate
courts.
SECTION 14:
No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is
based.
No petition for review or motion for reconsideration of a
decision of court shall be refused due course or denied without
stating the legal basis there for.
Decision is the judgement rendered by court of justice other
competent tribunal after the presentation of the respective
positions of the parties in an ordinary or criminal case or upon

a stipulation of facts upon which the disposition of the case is


based.
28. Section 15
SECTION 15:
All cases or matters filed after the affectivity of this constitution
must be decided or resolved within twenty-four months from
date of submission for the Supreme Court, and unless reduced
by the Supreme Court, twelve months for all lower collegiate
courts, and three months for all other lower courts
A case or matter shall be deemed submitted for decision or
resolution upon filing of the last pleading, brief, or
memorandum required by the Rules of Courts or by the court
itself.
Upon expiration of the corresponding period, a certification to
this effect signed by the Chief Justice or the presiding shall
forthwith be issued and a copy thereof attached to the record
of the case or matter, and served upon the parties, the
certification shall state why a decision or resolution has no
been rendered or issued within said period.
Despite the expiration of the applicable mandatory period, the
court, without prejudice to such responsibility as may have
been incurred in consequence thereof, shall decide or resolve
the case or matter submitted thereto for determination, without
further delay.

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.