JUDICIAL DEPARTMENT

STUDY HELPS
A. Give your concept of judicial power.
a) Judicial power is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of
such rights.
b) Vested in the Supreme Court and such lower courts as may be established by law.
c) Since the courts are given judicial power and nothing more, courts may neither attempt to assume
or be compelled to perform non-judicial functions. They may not be charged with administrative
functions except when reasonably incidental to the fulfillment of their duties.
d) In order that courts may exercise this power, there must exist the following:

An actual controversy with legally demandable and enforceable rights;

Involving real parties in interest;

The exercise of such power will blind the parties by virtue of the courts application of existing

laws.
e) Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which
are violated, there can be no recourse to the courts.
f) The courts cannot be asked for advisory opinions
g) Judicial power includes:
The duty of the courts 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.

B. What are the legal and moral qualifications for Members of the Judiciary?
a) Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the Philippines
4. Person of proven competence, integrity, probity and independence
b) Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possess other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence
c) Qualifications of Judges of Lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine bar
3. Possess other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence

C. Who shall supervise and discipline judges?

a) Only the SC en banc has jurisdiction to discipline or dismiss judge of lower courts
b) Disciplinary action/dismissal: Majority vote if SC Justices who took part in the deliberations and
voted therein.
D. How may Justices of the Supreme Court be removed?

a) Only by IMPEACHMENT
b) Cannot be disbarred while they hold office
E. How are members of the Judiciary appointed?
The Judicial and Bar Council is under the supervision of the SC.
a) Is under the supervision of the Supreme Court and is composed of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: the last four are the regular members of the JBC. Regular members are appointed by the
President with CA approval. Regular members serve for 4 years, with staggered terms.
b) Functions of JBC
1. Principal function: recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it.
c) Appointments to the Judiciary
1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the
JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 days from submission to the President of the
JBC list.

F. Discuss briefly the periods during which cases may be decided.

a) Hearing of cases:
1. En banc; or
2. Divisions of 3. 5, or 7.
b) Cases required to be heard en banc:
1. All cases involving constitutionality of a/an:
Treaty
International or executive agreement or
law
2. All cases required to be heard en banc under the rules of Court
Appeals from Sandiganbayan; and
From the Constitutional Commissions
3. All cases involving constitutionality, application or operation of:
Presidential decrees;
Proclamations
Orders
Instructions
Ordinances; and
Other regulations
4. Cases heard by a division where required majority of 3 not obtained

5. Cases where SC modifies or reverses a doctrine principle of law laid down by the SC en banc or
by a division
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President
c) Cases heard by division
1. Must be decided with the concurrence of a majority of the members who took part in the
deliberations and voted thereon
2. Majority vote in a division should be at least 3 members
d) Powers of the SC
1. SC has ORIGINAL jurisdiction over
Cases affecting ambassadors, other public ministers and consuls. (Note: This refers to

foreign ambassadors, etc., stationed in the Philippines)

Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus

2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
All cases involving the constitutionality or validity of any
Treaty
Internal or executive agreement
Law
Presidential decree
Proclamation
Order
Instruction
Ordinance, or
Regulation
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
Criminal cases where the penalty imposed is reclusion perpetua or higer; and
All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest. (Note: Temporary
assignment shall not exceed 6 months without the consent of the judge concerned.)
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning:
The protection and enforcement of constitutional rights;
Pleading, practice and procedure in all courts;
Admission to the practice of law;
The Integrated Bar; and
Legal assistance to the underprivileged.
Limitations on Rule Making Power:
It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
It should be uniform for all courts of the same grade.
It should not diminish, increase, or modify substantive rights.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.

7. Exercise administrative supervision over ALL courts and the personnel thereof.

e) Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion
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.
3. Members of the SC who took no part, or who dissented or abstained must state the reasons
therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the
Sandiganbayan).
G. Judicial Review
a) Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction
of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
b) Requisites (Code:ARSCoR)
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had
an adverse effect on the person challenging it.
3. The person challenging the governmental act must have STANDING, i.e. a personal and
substantial interest in the case such that he has sustained, or will sustain, direct injury as a
result of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest
opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.
c) Effect of a declaration of unconstitutionality:
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.
2. Thus, vested rights may have been acquired under such law before it was declared
unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.