Judicial Branch of Government

JUDICIAL BRANCH OF GOVERNMENT
1. 1. Article VIIIJUDICIAL DEPARTMENT 

2. 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. 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. 4. SECTION 1 Judicial power vested in one supreme Court and in Lower
Courts <ul><li>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.
5. 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. 6. creation of the Constitution. All other courts, including Sandiganbayan are Stationary
Courts in the sense they are creation of law.</li></ul> 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. 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 work of the courts, their respect
for law and order will banish with it to the great detriment of society. 
8. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 nonelective 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. 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 quasijudicial 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. 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. 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. 29. Section 15 Maximum Periods for Rendition of Decision Supreme Court
within twenty-four(24) months The Court of Appeals and other collegiate appellate
courts- within 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. 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. 
31. 31. THANK YOU!!!! 
32. 32. GROUP II Submitted by:Eunice Macapia ReymarkAggabao CristineZipagan John Christopher Alluigan Ryan Fugaban EdmerTaguinod Marlon Tagapan Romeo Abarabar Submitted to:
Christopher Vea

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JUDICIAL BRANCH OF GOVERNMENT

1. 1. Article VIIIJUDICIAL DEPARTMENT<br />

avoid a miscarriage of justice.<br />Promulgate rules concerning the protection and

21. 21. SECTION 7<br />Qualification of Judges of Lower House<br />Constitutional<br

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