ARTICLE VIII.

THE JUDICIAL DEPARTMENT

Sec. 1. JUDICIAL POWER

1.

Scope:
2.
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.

3.

Defining enforceable and demandable rights and

prescribing remedies for violations of such rights;
and
Determining the court with jurisdiction to hear and
decide controversies or disputes arising from legal
rights.
Thus, Congress has the power to define, prescribe
and apportion the jurisdiction of various courts.
a.

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.

b.

4.

b.
c.

5.

1.
2.

In order that courts may exercise this power, there

must exist the following:
a.

An actual controversy with legally demandable

and enforceable rights;
Involving real parties in interest;
The exercise of such power will bind the parties
by virtue of the courts application of existing
laws.

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.

BUT, Congress cannot deprive the Supreme

Court of its jurisdiction over cases provided for
in the Constitution.
Creation and abolition of courts:

3.

The power to create courts implies the

power to abolish and even re-organize
courts.
BUT this power cannot be exercised in
a manner which would undermine the
security of tenure of the judiciary.
If the abolition/re-organization is done
in good faith and not for political or
personal reasons, then it is VALID. (same
rule applies for civil servants)

Sec. 3. FISCAL AUTONOMY

1.
2.
3.

The entire judiciary shall enjoy fiscal autonomy.

Annual appropriations for the judiciary cannot
be reduced below the amount appropriated for
the previous year.
Once approved, appropriations shall be
automatically and regularly released.

Secs. 4-7; 12 JUDICIARY

6.

The courts cannot be asked for advisory opinions.

7.

Judicial power includes:

Composition of the Supreme Court:

a.
b.

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.

Political Questions:
1.

2.

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.
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.

1.
2.

Note: 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.
Qualifications of members of the SC:
1.
2.
3.
4.

Natural born citizen of the Philippines

At least 40 years old
At least 15 years of experience as a judge or in
the practice of law in the Philippines
Person of proven competence, integrity, probity
and independence.

Qualifications of members of lower collegiate

courts (CA, CTA, Sandiganbayan)
1.
2.
3.
4.

Sec. 2. ROLES OF CONGRESS

Chief Justice and

14 Associate Justices

Natural born citizen of the Philippines

Member of the Philippine bar
Possesses other qualifications prescribed by
Congress
Person of proven competence, integrity, probity
and independence.

Qualifications of judges of lower non-collegiate

courts:
1.
2.
3.
4.

b.

Citizen of the Philippines (may be a naturalized

citizen)
Member of the Philippine Bar
Possesses other qualifications prescribed by
Congress
Person of proven competence, integrity, probity
and independence.

2.

b.

3.

1. 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, as 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 re 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.
2.

Principal function: recommend appointees to

the Judiciary
Exercise such other functions as the SC may
assign to it.

C. Appointments to the Judiciary

1.
2.
3.
4.

President shall appoint from a list of at least 3

nominees for each vacancy, as prepared by the
JBC.
No CA confirmation is needed for appointments
to the Judiciary.
Vacancies in SC should be filled within 90 days
from the occurrence of the vacancy.
Vacancies in lower courts should be filled
within 90 days from submission to the President
of the JBC list.

Sec. 10. SALARIES

1.
2.
3.

to

c.
Disciplinary action against judges of lower
courts:
a.

Section 8. JUDICIAL AND BAR COUNCIL

They
become
incapacitated
discharge their duties.

Only the SC en banc has jurisdiction to

discipline or dismiss judges of lower
courts.
Disciplinary action/dismissal: Majority
vote of SC Justices who took part in the
deliberations and voted therein.

Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold
office.

Secs. 4-6, 13. THE SUPREME COURT

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

Salaries of SC Justices and judges of lower

courts shall be fixed by law.
Cannot be decreased during their continuance
in office, but can be increased.
Members of the Judiciary are NOT exempt from
payment of income tax.

1.
2.

Must be decided with the concurrence of a

majority of the members who took part in the
deliberations and voted thereon.
Majority vote in a division should be at least 3
members.

Powers of the SC
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
1.
1.

Members of the SC and judges of the lower

courts hold office during good behavior until
a. The age of 70 years old; or

SC has ORIGINAL jurisdiction over

a. Cases affecting ambassadors, other public
ministers and consuls.

Note: This refers to foreign ambassadors, etc.,

stationed in the Philippines.
b. Petitions
for
certiorari,
prohibiton,
mandamus, quo warranto, and habeas
corpus.
2.

7.

Exercise administrative supervision over ALL courts

and the personnel thereof.

Decisions of the Supreme Court:

SC has APPELLATE jurisdiction over final judgments

and orders in the following:

1.

Reached in consultation before being assigned

to a member for the writing of the opinion.

A.

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.

1.
2.
3.
4.
5.
6.
7.
8.
9.

All cases involving the constitutionality or

validity of any
treaty
international or executive agreement
law
presidential decree
proclamation
order
instruction
ordinance, or
regulation;

Note: This procedure shall also be observed by all

lower
collegiate
courts
(CA,
CTA,
and
theSandiganbayan).

B. All cases involving the legality of any

1.
2.
3.
4.
5.

JUDICIAL REVIEW

tax
impost
assessment or
toll or
any penalty imposed in relation thereto;

Definition
1.
2.

3.

C. All cases in which the jurisdiction of any lower

court is in issue
D. Criminal cases where the penalty imposed is
reclusion perpetua or higher; and
E. All cases where ONLY errors or questions of law
are involved.
Temporarily assign lower court judges to other
stations in the public interest.

3.

Requisites
S Co R]
1.

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:

2.

3.
a.
b.
c.
d.
e.

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.

Judicial Review is the power of the SC to

declare
a law,
treaty,
ordinance etc.
unconstitutional.
Lower courts may also exercise the power of
judicial review, subject to the appellate
jurisdiction of the SC.
Only SC decisions are precedent, and thus,
only SC decisions are binding on all.

4.
5.

Code:

[A R

An ACTUAL CASE calling for the exercise of

judicial power
The question involved must be RIPE FOR
ADJUDICATION, i.e. the government act must
have had an adverse effect on the person
challenging it.
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.
The question of Constitutionality must be
raised in the first instance, or at the earliest
opportunity.
Resolution of the issue of constitutionality is
unavoidable or is the very lis mota.

Limitations on Rule Making Power

Effect of a declaration of unconstitutionality:
a.
b.
c.
6.

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.

Appoint ALL officials and employees of

Judiciary, in accordance with Civil Service Law.

the

1.

2.

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.
Thus, vested rights may have been acquired
under such law before it was declared
unconstitutional.

3.

These rights are not prejudiced

subsequent declaration that the
unconstitutional.

by the
law is
4.

Sec. 14. DECISIONS

1.
2.
3.

Decisions MUST state clearly and distinctly the

facts and the law on which it is based.
Refusal to give due course to petitions for
review and motions for reconsideration must
state the legal basis for such refusal.
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.
These rules only apply to courts. They do not
apply to quasi-judicial or administrative bodies
nor to military tribunals.

Reference:
Political Law (Constitutional Law) Reviewer &
Memory Aid
Ateneo Central Bar Operations 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald