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Judicial Department
Judicial power is the power and duty of courts of justice to
apply the laws to contests or disputes concerning legally
recognized rights or duties between the State and private
persons or individuals, or between private persons or
individuals, or between private persons individuals or
individual litigants, in cases properly brought before the
judicial tribunals.
Scope of judicial power.
(1) Adjudicatory power. – judicial powers includes the duty of courts of justice:
(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 (infra.) on the part of any
branch or instrumentality of the government.
(2) Power of judicial review . – It also includes the power:
(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; and (c) to render binding judgements.
(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.
Where can we find Judicial Power?
Section 1. The judicial power shall be
vested in one Supreme Court and in such
lower courts as may be established by law.
What is Judicial Power?
Competence
Probity
Integrity
Independence
How long can a person stay as a judge?
• Section 11 provides that The Members of the
Supreme Court and judges of lower courts
shall hold office during good behavior
until they reach the age of seventy years
or become incapacitated to discharge the
duties of their office.
How are judges removed from office?
(b) The Court of Tax Appeals (with five justices and a Presiding Justice)
was created under Republic Act NO. 1125, as amended by R.A. No 9282,
which has exclusive appellate jurisdiction to review on appeal, among
others, decisions of the Commissioner of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of Customs
involving customs duties.
Quasi-judicial agencies.
Administrative bodies under the executive branch performing quasi-
judicial functions like the National Labour Relations Commission, the
Employees Compensation Commission, the Securities and Exchange
Commission, the Insurance Commission, etc. and the independent
Constitutional Commissions do not form part of the integrated judicial
system.
“Quasi” is a Latin term which means “in certain sense.” Quasi- judicial
functions are in reality judicial in nature except that they are performed
not by the regular courts but by administrative bodies or agencies under
the executive branch and are thus referred to as quasi-judicial bodies or
agencies.
Composition of the Supreme Court
The new Constitution retained the membership of the Supreme
Court of fifteen (15) members including the Chief Justice under
the 1973 Charter to cope with the continuing increase in the
number of cases brought about by a growing population.