ARTICLE VIII. THE JUDICIAL DEPARTMENT 7.
Judicial power includes:
Sec. 1. JUDICIAL POWER
Scope:
1. 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.
2. Vested in the Supreme Court and such lower courts as may be
established by law.
3. 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.
4. In order that courts may exercise this power, there must exist the
following:
1. An actual controversy with legally demandable and enforceable
rights;
2. Involving real parties in interest;
3. The exercise of such power will bind the parties by virtue of the
courts application of existing laws.
5. 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.
6. The courts cannot be asked for advisory opinions.
1. The duty of the courts to settle actual controversies involving rights
which are legally demandable and enforceable; and
1. 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.
Political Questions:
1. A political question is one the resolution of which has been vested
by the Constitution exclusively in either the people, in the exercise of
their sovereign capacity, or in which full discretionary authority has
been delegated to a co-equal branch of the Government.
2. 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.
Sec. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and prescribing
remedies for violations of such rights; and
2. Determining the court with jurisdiction to hear and decide
controversies or disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the
jurisdiction of various courts.
1. BUT, Congress cannot deprive the Supreme Court of its jurisdiction
over cases provided for in the Constitution.
2. Creation and abolition of courts:
 1. The power to create courts implies the power to abolish and Qualifications of members of lower collegiate courts (CA, CTA,
even re-organize courts. Sandiganbayan)
2. BUT this power cannot be exercised in a manner which would
undermine the security of tenure of the judiciary. 1. Natural born citizen of the Philippines
3. If the abolition/re-organization is done in good faith and not
for political or personal reasons, then it is VALID. (same rule 2. Member of the Philippine bar
applies for civil servants)
Sec. 3. FISCAL AUTONOMY 3. Possesses other qualifications prescribed by Congress
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below the
4. Person of proven competence, integrity, probity and independence.
amount appropriated for the previous year.
Qualifications of judges of lower non-collegiate courts:
3. Once approved, appropriations shall be automatically and regularly
released.
1. Citizen of the Philippines (may be a naturalized citizen)
Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court: 2. Member of the Philippine Bar
1. Chief Justice and
2. 14 Associate Justices 3. Possesses other qualifications prescribed by Congress

Note: Members of the Supreme Court and of other courts established 4. Person of proven competence, integrity, probity and independence.
by law shall not be designated to any agency performing quasi-judicial
or administrative functions. Section 8. JUDICIAL AND BAR COUNCIL

Qualifications of members of the SC: 1. The Judicial and Bar Council is under the supervision of the SC.

1. Natural born citizen of the Philippines A. Is under the supervision of the Supreme Court and is composed of:

2. At least 40 years old 1. Chief Justice, as ex-officio chairman

2. Secretary of Justice, as an ex-officio member
3. At least 15 years of experience as a judge or in the practice of law 3. Representative of Congress, as an ex-officio member
in the Philippines 4. Representative of the Integrated Bar
5. A professor of law
4. Person of proven competence, integrity, probity and independence. 6. A retired member of the SC; and
7. Private sector representative
Note: The last four re the regular members of the JBC. Regular 2. Disciplinary action against judges of lower courts:
members are appointed by the President with CA approval. Regular
members serve for 4 years, with staggered terms. a. Only the SC en banc has jurisdiction to discipline or dismiss judges
B. Functions of JBC of lower courts.
1. Principal function: recommend appointees to the Judiciary
b. Disciplinary action/dismissal: Majority vote of SC Justices who took
2. Exercise such other functions as the SC may assign to it.
part in the deliberations and voted therein.
C. Appointments to the Judiciary
1. President shall appoint from a list of at least 3 nominees for each
3. Removal of SC Justices:
vacancy, as prepared by the JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
a. Only by IMPEACHMENT.
3. Vacancies in SC should be filled within 90 days from the occurrence
of the vacancy. b. Cannot be disbarred while they hold office.
4. Vacancies in lower courts should be filled within 90 days from
Secs. 4-6, 13. THE SUPREME COURT
submission to the President of the JBC list.
Hearing of cases:
Sec. 10. SALARIES
1. En banc; or
2. Divisions of 3, 5, or 7.
1. Salaries of SC Justices and judges of lower courts shall be fixed by
Cases required to be heard en banc:
law.
1. All cases involving constitutionality of a/an:
2. Cannot be decreased during their continuance in office, but can be
increased. a. Treaty

3. Members of the Judiciary are NOT exempt from payment of income b. International or executive agreement or
tax.
c. Law.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
2. All cases required to be heard en banc under the Rules of Court:
1. Members of the SC and judges of the lower courts hold office during
good behavior until a. Appeals from Sandiganbayan; and

a. The age of 70 years old; or b. From the Constitutional Commissions

b. They become incapacitated to discharge their duties. 3. All cases involving the constitutionality, application or operation of
a. Presidential decrees Note: This refers to foreign ambassadors, etc., stationed in the
Philippines.
b. Proclamations
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and
c. Orders habeas corpus.

d. Instructions 2. SC has APPELLATE jurisdiction over final judgments and orders in the
following:
e. Ordinances; and
a. All cases involving the constitutionality or validity of any
f. Other regulations.
1. treaty
4. Cases heard by a division where required majority of 3 was not
2. international or executive agreement
obtained. 3. law
4. presidential decree
5. Cases where SC modifies or reverses a doctrine or principle of law
5. proclamation
laid down by the SC en banc or by a division. 6. order
7. instruction
6. Administrative cases to discipline or dismiss judges of lower courts;
8. ordinance, or
and 9. regulation;

7. Election contests for President and Vice-President. b. All cases involving the legality of any

Cases heard by division 1. tax

2. impost
1. Must be decided with the concurrence of a majority of the members
3. assessment or
who took part in the deliberations and voted thereon. 4. toll or
5. any penalty imposed in relation thereto;
2. Majority vote in a division should be at least 3 members.
c. All cases in which the jurisdiction of any lower court is in issue
Powers of the SC
d. Criminal cases where the penalty imposed is reclusion perpetua or
1. SC has ORIGINAL jurisdiction over
higher; and
a. Cases affecting ambassadors, other public ministers and consuls.
e. 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:
a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the
speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. 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.
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).
JUDICIAL REVIEW
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.
Requisites Code: [A R S Co R]
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.
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.

Sec. 14. DECISIONS

1. Decisions MUST state clearly and distinctly the facts and the law on
which it is based.

2. Refusal to give due course to petitions for review and motions for
reconsideration must state the legal basis for such refusal.

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 Memorandum for easy
reference.

4. These rules only apply to courts. They do not apply to quasi-judicial

or administrative bodies nor to military tribunals.