JUDICIAL DEPARTMENT
QUALIFICATIONS (sec 7)
Independence of the Judiciary
1. SC is a constitutional body. it cannot be abolished nor
may its membership or the manner of its meetings be
changed by mere legislation
2. Members of the SC may not be removed except only by
impeachment.
3. SC may not be deprived of its minimum original and
appellate jurisdiction.
4. The appellate jurisdiction may not be increased by law
without its advice and concurrence
5. Appointees to the judiciary are now nominated by the
JBC and no longer subject to confirmation by CA
6. SC has now has the administrative supervision over all
lower courts and their personnel.
7. SC has exclusive power to discipline judges of lower
courts
8. The members of the SC and all lower courts have
security of tenure, which cannot be undermined by
law reorganizing the judiciary.
9. They shall not be designated to any agency performing
a quasi-judicial or administrative functions
10. The salaries of the judges may not be reduced during
their continuance in office
11. The judiciary shall enjoy fiscal autonomy
12. The SC alone may initiate rules of court
13. Only the SC may order the temporary detail of judges
14. The SC can appoint all officials and employees of the
judiciary
JUDICIAL POWER Article 8 sec 1
- 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.
(even it is a political question or a legislative in nature;
SC still can declare their acts invalid - as long as it
involves the question of LEGALITY not wisdom.
(where there are serious allegations that a law has
infringed the constitution- power to set aside acts of
govt even if not tainted with grave abuse of discretion)
* Adjudication function alter, modify, or set aside
decisions before they become final and unalterable.
JURISDICTION
- Authority by which courts take cognizance of and
decided cases, the legal right by which the judges
exercise their authority
- Sec 5 SC jurisdiction
APPOINTMENT (sec 9)
- Judges of SC and members of lower courts
3 nominees from the JBC (for every vacancy)
Appointed by the president
No need for CA confirmation
- Lower courts- within 90 days must appoint from
the list.
be a person of proven competence, integrity, probity and
independence.
1. Natural born citizen
2. SC at least 45 years old
3. 15 years or more a judge of lower court or
engaged in the practice of law in the Philippines
Judges of lower courts
1. Citizen of the phil
2. Member of the phil bar
Lower courts other than collegiate courts may not
be a natural born
Congress may add requirements to the
constitutional req such as age and practice
qualifications (sec 7 pg 2)
JUDICIAL AND BAR COUNCIL
- Screen and recommend appointees to the judiciary;
may exercise other functions and duties that SC
assign to it.
Members: (Term: 4 years)
1. CJ ex officio chairman
2. Secretary of justice
3. Representative from congress ex officio
4. Rep from Integrated bar
5. Professor of law
6. Retired member of the SC
7. Rep of the private sector
*Clerk of SC secretary ex officio of the council
FISCAL AUTONOMY (sec 3)
- Freedom from outside control
- Judiciary, Consti Comm, Ombudsman
- Guarantee of full flexibility to allocate and utilize
their resources with the wisdom and dispatch their
needs require/
- It recognizes the power and authority to levy, asses,
and collect fees; fix rates of compensation not
exceeding he highest rates authorized by law for
compensation and pay plans of the government;
and allocate and disburse such sum as may be
provided u law or prescribed by them in the course
of the discharge of their fx. (bengzon v drilon)
COMPOSITION OF SC ( sec 4)
- CJ and 14 Associate justices
*vacancy must be filed within 90 days
* de castro v JBC pres may provide for appointments in
the judiciary even within 2 months immediately before next
presidential election and up to the end of his term; apply as
well to all other appointments in the judiciary
EN BANC CASES concurrence of majority of the
members who actually took part in the deliberations on the
issues in the case and voted thereon
Constitutionality, application, or operation of:
a. Treaty * C
b. International or executive agreement *C
c. Law
 d. Presidential decree
e. Proclamation
f. Order, instructions, ordinance, other reg
DIVISION CASES required vote not obtained,
should be decided en banc PROVIDED THAT,
No doctrine or principle of law laid down by the
court in a decision rendered en banc or in division
may be modified or reversed except by the court
sitting en banc
Citizen:
REQUISITES JUDICIAL INQUIRY
1. There must be an actual case or controversy
2. The question of constitutionality must be raised by
the proper party
3. The constitutional question must be raised earliest
possible opportunity
4. The decision of the constitutional question must be
necessary to the determination of the case itself.
a. ACTUAL CASE
- conflict of legal rights, and assertion of opposite
legal claims susceptible of judicial resolution
- Must not be moot or academic or based on extra-
legal or not cognizable by court of justice
- Appropriate for judicial determination
- Definite concrete, and touching the legal relations
of parties
Counselling or advice not allowed; no force of
law; contrary to separation of powers
Declaratory judgement - that involves
interpretation of the rights and duties of person
under the provisions of a deed, will, contract, or
other written instrument, or a statute or ordinance
= has jurisdiction
Where there is no more live subject of controversy,
the court ceases to have a reason to render any
ruling or make any pronouncements
If moot and academic ; may still be decided if:
1. There is a grave violation of the constitution
2. The exceptional character of the situation and
the paramount public interest is involved
3. When the constitutional issue raised requires
formulation of controlling principles to guide
the bench, the bar, and the public
4. The case is capable of repetition yet evading
review
b. PROPER PARTY (locus standi)
- One who has sustained or is in immediate danger of
sustaining an injury as a result of the act
complained of.
Tax payers suit to prosper:
1. Public funds derived from taxation are disbursed
by a political sub or instrumentality and in doing
so, a law is violated or some irregularity is
committed and;
2. The petitioner is directly affected by the alleged act
Transcendental importance as a standing on the ground:
1. The character of the funds (that is public) or other
assets involved in the case
2. The presence of a clear case of disregard of a
constitutional or statutory prohibition by the
public respondent agency of instrum of the govt.
3. Lack of any party with more direct and specific
interest in raising the question being raised
1. Can show that he has personally suffered some
actual or threatened injury because of the alleged
illegal conduct of the government
2. The injury is fairly traceable to the challenged
action
3. Favourable action will likely redress the injury
c. EARLIEST OPPURTINITY
Pleadings ---trial ---- appeal
Exceptions:
1. In criminal cases, the constitutional question
can be reaised at any time in the discretion of
the court
2. In civil case , can be raised at any stage if it is
necessary to the determination of the case
itself.
3. In every case, except where there is estoppel,
the consti question may be raised at any stage
if it involves the jurisdiction of the court
d. NECESSITY OF DECIDING THE CONSTITUTIONAL
QUESTION
- Presumption: every law has the presumption of
validity
- To doubt is to sustain based on the doctrine of
separation of powers
Seven pillars of limitations of judicial power of review (
demetria v alba)
1. The court will not pass upon the constitutionality
of legislation legitimate only in the last resort,
and there is a real, earnest and vital controversy
between individuals
2. The court will not anticipate a question of the
constitutional law in advance of the necessity of
deciding it
3. The court will not formulate a rule of constitutional
law broader than is required by the precise facts to
which it is to be applied
4. The court will not pass upon a consti question
although properly presented by the record, If there
is also present some other ground upon which the
case may be disposed of.
5. The court will not pass upon the validity of a
statute upon complaint of one who fails to show
that he is injured by its operation
6. The court will not pass upon the validity of a
statute at the instance of one who has availed
himself of its benefits.
 7. Cardinal principle that the court will first ascertain
whether a construction of the statute is fairly
possible by which the question may be avoided
EFFECTS OF UNCONSTITUTIONALITY
1. Orthodox view
2. Modern view
General rule
An unconstitutional law is void. It produces no rights,
imposes no duties and affords no protection. It has no legal
effect. It is, inoperative as if it has not been passed
*DOCTRINE OF OPERATIVE FACTS
- the law is recognized as unconstitutional bu the effects of
the unconsti law, prior to its declaration of nullity, may be
left undisturbed as a matter of equity and fair play. It is a
rule of equity, applied as a exception to the general rule, but
may not be used to invoked to validate what is
unconstitutional
- only affects, modifies the effects of unconstitutional law,
not the law itself
Partial Unconstitutionality can be valid only if:
1. That The legislature is willing to retain the valid
portions even if the rest is declared illegal
2. That the valid portions can standt independently as
a separate statute
- Even without separability clause
POWERS OF SUPREME COURT (sec 5)
1. ORIGINAL JURISDICTION
- Over cases affecting Amabassadors, other public
ministers, and consuls
- Petitions for certiorari, prohibition, mandamus, and
quo warranto, and habeas corpus
*Quo warranto action for usurpation of office or against a
public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture of
his office or against an association which acts as a
corporation within the philippines without being legally
incorporated or without lawful authority to so act.
*Habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is deprived
of his liberty, or by which the rightful custody of any person
is withheld from the person entitled thereto. (expt as
otherwise provided by law)
Principle of Hierarchy of courts
- Requires that recourse must first be made to the lower-
ranked court exercising concurrent jurisdiction with
higher court
- SC shall be allowed only when there are special and
important reasons thereor, clearly and especially set
out in the petition
Principle of Judicial Courtesy
- Based on the hierarchy of the courts
- Where there is a strong probability that the issues
before the higher court would be moot and moribund
as a result of the continuation of the proceedings in the
lower court of origin
2. APPELLATE JURISDICTION
- Review, revise, reverse, modify, or affirm on appeal
or certiorari as the law or the RC may provide, final
judgments and orders of the lower courts in:
a. Constitutionality or validity of any treaty, I or E
agreement, law, PD, proc, order, intruc,
ordinance, or regulation in question
b. Legality of any tax, impost, assessment, or toll,
or any penalty imposed in relation thereto
c. Jurisdiction of any lower court is in issue
d. Criminal cases in which the penalty imposed is
reclusion perpetua or higher
e. Only an error or question of law is involved
*APPEAL is a statutory right entirely dependent upon the
discretion or policy of the lawmaking body.
*appeals accdg to this section are from final judgments and
decrees only of lower courts or judicial tribunals.
Administrative decisions are not included, unless the
legislature determines it
*court martial administrative and executive body
* the RTC may try the offenses to the exclusion of military
tribunals where the law vests on it that military personnel
commit offenses which is not included in the law as
service-connected offense or crime (rapsing v ables)
3. TEMPORARY ASSIGNMENT OF JUDGES
-shall not exceed 6 months without consent of the judge
concerned
4. CHANGE OF VENUE or PLACE OF TRIAL
5. RULE MAKING POWER
- Protection and enforcement of constitutional
rights, pleadings, practice, and procedure in all
courts
- Admission to practice of law and the integrated bar
- Legal assistance to the underprivileged
*simplified and inexpensive procedure for speedy
disposition of cases
*AMPARO RULE 0 for extra-legal killings and enforce
disappearances.
LIMITATIONS ON THE RULE MAKING POWER OF SC:
1. Rules must be uniform for all courts of the same grade
2. The rules must not diminish, increase, or modify
substantive rights
6. APPOINTMENT OF COURT PERSONNEL
- in accordance to civil service law
- all officials and employees of judiciary
7. ADMINISTRATIVE SUPERVISION OF COURTS (sec 6)
- Does not preclude the ombudsman from taking
cognizance of the criminal cases or purely the
criminal aspect of cases, against judges, especially
when the administrative aspect thereof had been
duly endorsed or referred to the SC for
adjudication.

TENURE OF JUDGES (sec 11)
- Security of tenure until retirement age of 70
- May be removed only after charges have been filed
and proved against them in proper administrative
proceeding conducted or ordered by the SC
- Concurrence of the majority of the members who
actually took part in the deliberations voted on the
issues in the case.
- Security of tenure is not a personal privilege of any
particular judge; the right of a judge to his full
tenure is not dependent alone upon his good
conduct, but also upon the contingency that the
legislature, may for the public good, in establishing
the courts, from time to time consider his office
unnecessary and abolish it. (ocampo v secretary of
justice)
CONSULTATIONS OF THE COURT (sec 13)
- Required after an exchange of ideas and full
deliberation among its members
- To provide for the most exhaustive deliberation
before a conclusion is reached
- Agreement arrived at by majority vote- assigns
PONENTE of the court
- Dissenting opinion useful in future considerations
of the same question and may even be the basis of a
new doctrine or ruling that will overturn the
existing precedent.
- Took no part or Abstain must also splain his non
participation; not permitted excpt for valid reason
- Unpromulgated decision is no decision at all.
DECISIONS OF THE COURT (sec 14)
- Decisions of the judiciary not admin proceedings in
exec or legislative
- Decision -Expressed clearly and distinctly the facts
and the law on which it is based
- Petitions refused state the legal basis
- Orders (expt ORDER OF DIMISSAL) are not covered
RULES and PRINCIPLES related:
a. SUB JUDICE RULE
- Restricts comments and disclosure pertaining to
judicial proceedings to avoid prejudging the issue,
influencing the court, or obstruction the
administration of justice
- Liable for indirect contempt
b. DOCTINE OF RES AJUDICATA
- Final judgement or decree on the merits by the
court of competent jurisdiction is conclusive of the
rights of the parties or their privies in all later suits
on all points and matters determined in the former
suit.
c. PRINCIPLE OF CONCLUSIVENESS OF JUDGEMENT
- Conclusiveness of judgement bars the re-litigation
in a second case of a fact or question already settle
in previous case
- When a right or fact has been judicially tried and
determined by a court of competent jurisdiction, or
when an opportunity for such trial has been given,
the judgement of the court, as long as it remains
unreversed, should be conclusive upon the parties
and those in privity with them
d. LAW OF THE CASE DOCTRINE
- Where an appellate court has made a ruling on
question on appeal and thereafter remands the
case to the lower court for further proceedings; the
question settled by the appellate court becomes the
law of the case at the lower court and in any
subsequent appeal
- Whether correct on general principles or not, so
long as the facts on which the legal rule or decision
was predicated continue to be the facts of the case
before the court
- Between same parties in the same case
e. DOCTRINE OF STARE DECISIS ET NON QUIETA
MOVERE
- to adhere to precedents, and not to unsettle things
which are established
- Becomes a judicial precedent
- When the court has once laid down a principle of
law as applicable to a certain state of facts, it will
adhere to that principle, and apply it to all future
cases, where facts are substantially the same;
regardless the parties and property the same.
- once a question of law has been explained and
decided, it should deemed settled and closed to
further argument
f. DOCTRINE OF FINALITY OF JUDGEMENT or
IMMUTABILITY OF JUDGEMENT
- Once a judgement has become final and executor, it
may no longer be modified in any respect, even if
the modification is meant to correct an erroneous
conclusion of fact or law, and regardless of whether
the modification is attempted to be made by the
court rendering it or by the SC, as purely what
remains to be done is purely ministerial
enforcement or execution of judgement.
- 2-fold purpose:
1. To avoid delay in the administration of justice
2. To put an end to judicial controversies, at the
risk of occasional errors, which is precisely
why courts exist
- Exceptions:
1. Correction of clerical error
2. Nunc pro tunc entries which cause no
prejudice to any party
3. Void judgements
4. Whenever circumstances transpire after the
finality of decision that renders its execution
unjust and inequitable.
PERIODS FOR DECISION (sec 15)
- 24 months SC
- 12 months lower collegiate court
- 3 months other lower courts, sandiganbayan
Start : upon the filing of the last pleading, brief, or
memorandum required by RC or by court
 If expired or exceeds the period
- Explanation must be made by the CJ or the
presiding judge in a certification to the served upon
the parties
- Attached to the record of the case or matter
- Certification shall state why the decision or
resolution has not been rendered or issued within
said period.
- Must be decided without further delay

ANNUAL REPORT (sec 16)

- 30 days within the opening of each regular session
of the congress
- Basis of appropriate legislation and government
policies
- About operations and activities of the judiciary
- Submit to president and congress