Beruflich Dokumente
Kultur Dokumente
b. Lower Courts- hold office during good Any vacancy shall be filled within 90 days from
behavior until they reach 70 yrs of age or occurrence thereof but in no case shall appointment
become incapacitated to discharge their be made 2 months before the next presidential
election and up to the end of the term of the
duties.
president.
SC en banc, by majority vote of members who
actually took part in the deliberation, shall have Powers of the Supreme Court
the power to discipline judges of lower courts or 1. Original Jurisdiction – over cases affecting
order their dismissal. ambassadors, other public ministers and
consuls.
JUDICIAL AND BAR COUNCIL
- Over petitions like Writ of Certiorari,
Composition:
prohibition, mandamus, quo warranto and
Ex-officio chairman
Habeas Corpus
- SC Chief Justice
Certiorari- requiring a lower court or a
Ex-officio members
board, or officer exercising judicial functions
- Secretary of Justice
to transmit the records of a case to the
- Representative of Congress
superior court(SC) for purposes of review.
Regular members
Prohibition- a writ to desist from further
- Representative of the IBP
proceedings in an action or matter.
- Professor of Law
Mandamus- commanding a lower court or a
- Retired member of SC; and
corporation, board, or person to perform a
- Representative of private sector
certain act which it is its or his duty to do; it
Secretary de officio
is an affirmative remedy ordering a certain
- Clerk of the Supreme Court
act to be done.
Appointment Quo warranto- an action by the government
-regular members shall be appointed by the to recover an office or franchise from an
President for a 4-year term with the consent of the individual or corporation usurping or
CoA. unlawfully holding it.
Habeas Corpus- a writ issued ordering to
Powers and Functions of Judicial and Bar Council:
1. Recommend appointees to the Judiciary; bring somebody who has been detained into
2. Recommend appointees to the Office of the court, usually for a decision on whether the
Ombudsman and his 5 deputies; detention is lawful.
3. May exercise such other functions as may be - Review of the factual basis for the
declaration of martial law or suspension of
assigned by the SC.
the privilege of Habeas Corpus.
SUPREME COURT 2. Appellate Jurisdiction – over final judgments
-is the only Constitutional court, all the lower courts and orders of lower courts in all cases.
being of statutory creation. - All criminal cases in which the penalty
Composition:
imposed is reclusion perpetua or higher;
Chief Justice and 14 Associate Justices may sit en
banc or in its discretion, in divisions of 3, 5, or 7 - All cases in which only a question of law is
members. involved.
RGMENDIOLA 2
PHILIPPINE CONSTITUTION ARTICLE VIII: JUDICIAL DEPARTMENT
RGMENDIOLA 3