President Ramon Magsaysay State University

FORMERLY RAMON MAGSAYSAY TECHNOLOGICAL UNIVERSITY

Naulo, Sta. Cruz, Zambales
Second Semester A.Y 2018-2019
BEED II

TITLE OF REPORT: Article VIII (JUDICIAL DEPARTMENT)

NAME OF REPORTERS:
INSTRUCTOR:
COURSE CODE/TITLE:
VENTUROZO, JEARLIN ROSE M.
MONSALUD, JEFFERSON M.
SIR. JASON MIRADOR
SS3/ POLITICS, GOVERNANCE AND THE PHILIPPINES
CONSTITUTION

Article VIII
(JUDICIAL DEPARTMENT)

Section 1. The judicial power shall be vested in one Supreme Court an in such lower courts as may be
established by law.

What is the concept of Judicial Power?

The authority to interpret the law is vested in the Judicial Branch of the Government. Such authority is
called Judicial Power.

Judicial Power is the adjudicatory power or duty of 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 or power to hear and
decide a case and execute decision thereof on the part of any branch or instrumentality of government.

What is the Scope of Judicial Power?

1. Adjudicatory power
a. To settle actual controversies involving right 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 on the part of any branch or instrumentality of the government.
2. Power of judicial review
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 blinding judgement .
3. Incidental powers
It includes the incidental powers necessary to the effective discharge of the judicial functions
such as the power to punish persons adjudged in contempt.

Upon Whom the Power of Judicial Power Conferred?

Judicial power vested in:

 1. Supreme court; and
2. Such other lower courts as may be established by law.

What are the Classifications of Courts?

1. Constitutional Courts. The Supreme Court is a constitutional court in the sense of being a
creation of the constitution.
2. Statutory Courts. All other courts, including Sandigan Bayan are statutory courts in the sense
that they are creation of law.

Kinds of Lower Court

 Regular Courts
 Special Courts

Organization of the Judiciary

The courts constituting the judicial system of the Philippines are organized in a hierarchy with the
Supreme Court at the apex of the structure. The Supreme Court in descending order are the:

1. Regular Courts Include:

a. The Court of Appeals (with 51 justice headed by a presiding officer. The court may sit in
division or may sit en banc)
b. A Regional Trial Court
c. A Metropolitan Trial Court (for each Metropolitan is established by law)
d. A Municipal Trial Court (for every city not forming part of metropolitan)
e. A municipal circuit Trial Court
2. Special Court include:
a. The Court of Tax Appeals (created under Republic Act 1125)
b. The Sandigan Bayan (created by Presidential Decree 1606)
c. Sharia District Courts and Sharia Circuit Courts
3. Quasi-judicial agencies – Administrative bodies under executive branch performing quasi-judicial
functions.
a. National Labor Relation Commission
b. Securities and Exchange Commission
c. Employees Compensation Commission
d. Insurance Commission, etc.

Importance of the Judiciary

1. Confidence in the certain and even administration of justice.
2. Preservation of the government.
3. Respect for the law and order.

Section 2 . The congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts may not deprive the Supreme Court of its jurisdiction over case enumerated in Section 5
hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Jurisdiction of Courts
 Jurisdiction is defined the authority whereby a court can render a valid judgement. The jurisdiction
mentioned in the provision refers to jurisdiction over cases prescribe by the Congress subject to
Constitutional limitations. (e.g. Art. VI, Sec. 30)

1. General – when it is empowered to decide all disputes which may come before it except those
assigned to other court.
2. Limited – when it has authority to hear and determine only a few specified cases;
3. Original – when it can try and decide a case presented for the first time;
4. Appellate – when it can take a case already heard and decide by a lower court remove from the latter
by appeal;
5. Exclusive – when it can try and decide a case which cannot be presented before any other court;
6. Concurrent – when any one of two or more courts may take cognizance of a case;
7. Criminal – that which exist for the punishment of crime; and
8. Civil – that which exist when the subject matter is not of a criminal nature.

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.

What is the meaning of fiscal Autonomy?

To insure the independence of the judiciary, appropriation may not be reduced as provided above but the
may be increased. After approval the appropriations shall be automatically and regularly released, thus
making it financially independent, without having to plead to the president or budget officials for their
released.

Section 4 . (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justice. It
may sit en banc or, in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.

(2) All case involving the constitutionality of a treaty, international of executive agreement, or law which
shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are
required to be heard en banc including those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instruction, ordinances, and other regulations, shall be decide
with the concurrence of a majority of the members who actually took part in the deliberation on the issues
on the case an voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of the majority
of the members who actually took part in the deliberation on the issues on the case and voted thereon.

What is the composition of the Supreme Court?

The Constitution provides the membership in the Supreme Court shall consist of fifteen
(15) members including the Chief Justice. If ever there is vacancy, it shall be filled within
(90) days from the concurrence of the said vacancy.

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over case affecting ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari as the law of the Rules of Court
may provide, final judgements and orders of lower court in:
 (a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement law, presidential decree, proclamation, order, instructions, ordinance or regulation
is in question .
(b) All cases involving the legality of any tax, impost assessment, or toll, or any penalty imposed
in relation thereto.
(c) All cases in which the penalty imposed is reclusion perpetua or higher.
(d) All cases the jurisdiction of any lower court is in issue.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower court to other stations as public interest may require.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rule 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
the legal assistance to the underprivileged.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.

Powers of the Supreme Court

1. Original Jurisdiction

Under international law, diplomatic representatives are immune and are not subject to the
jurisdiction of the court in the receiving the state. In the principle of international law, diplomatic
representatives are considered extensions of the sovereignty of the State.

a. Over cases affecting ambassadors, other public ministers and consuls;

b. Over petitions for Centiorari, Prohibition, Mandamus, Qua Warranto and Habeas Corpus;
and
c. Review factual basis for the declaration of martial law or suspension of the writ of habeas
corpus.

Privileges and Prerogatives of a Diplomat:

a. Inviolability
b. exemption of person from criminal and civil jurisdiction
c. immunity of residence from local jurisdiction
d. jurisdiction within his residence
e. presidential, ceremonial prerogatives according to rank

Privilege and Prerogative of Consular Officers:

a. Inviolability of office and archive
b. immunity from military service and burden
c. exempt from arrest except from criminal change
d. exemption from taxation if solely engaged in consular business
e. exemption from witness duty, though testimony may be taken by deposition or when
instructed by the home government
f. privilege of placing the arms of their State above the outer door, and of flying the national flag
above the consulate or above the vessel when engaged in the discharge of official port duty
g. In some countries, special privileges similar to those accorded to diplomatic representatives

Meaning of the ff:

  Certiorari. An order from a superior court requiring a lower court or a board or officer exercising
judicial functions to transmit the records of a case to the higher court for review.

 Prohibition. A writ by a superior court commanding a lower court or a corporation, board or

person acting without or in excess of its or his jurisdiction, or with abuse of discretion, to desist
from further proceeding in an action or matter.

 Mandamus. A writ issue by a Supreme Court commanding a lower court or a corporation to

perform certain act which it is or his duty to do.

 Quo Warranto. An action by the government to recover a office or franchise from an individual or
corporation usurping an unlawfully holding it.

2. Appellate Jurisdiction
In general, appeal is a statutory right dependent upon the policy of the law-making body.
Congress through legislation may provide that decision of lower courts shall be final and no place
for appeal the Supreme Court.

3. Temporary Assignment of Judges

The present Constitution gave sole authority to the Supreme Court to temporarily assign judges of
inferior courts. This is to avoid miscarrying the public interest, such as, impartial decision of
particular case, and transferring of judges that will suit the motivations of the Chief Executive.

4. Changes in the Place of Trial

The Supreme Court may transfer the venue of trial of criminal cases and every civil case.

5. Rule-making Power
The increase of cases submitted before the Supreme Court may cause delay. One possible way of
solving delay in the decisions of cases pending before the Supreme Court is to set a rule on
decisions of cases by division.

What is the Power of Judicial Review?

Power of Judicial Review

 It is the power of courts to test the validity of executive and legislative acts if same are in
accordance with the constitution.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born of the Philippines.

(2) The congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and the member of Philippine Bar.

(3) A Member of the judiciary must be a person of proven competence, integrity, probity, and
independence.

What are the Qualifications of a Member of the Judiciary?

Qualifications of a Member of the Judiciary
Chief Justice and Associate Justice of the Supreme Court:
1. Natural-born citizen;
2. At least 40 years old; and
3. Has been engaged for at least 15 years or more as a judge of lower court or engaged in the
practice of law in the Philippines.

Presiding Justice and Associate Justice of the Court of Appeals:

Regional Trial Court:
1. Natural-born citizen;
2. At least 35 years old; and
3. Has been engaged for at least 10 years in the practice of law in the Philippines or has held public
office in the Philippines requiring admission to the practice of law as an indispensable requisite.
Metropolitan, Municipal and Municipal Circuit Trial Court Judges:
1. Natural-born citizen;
2. At least 30 years old;
3. Has been engaged for at least 5 years in the practice of law in the Philippines or has held public
office in the Philippines requiring admission to the practice of law as an indispensable requisite.

Section 8. (1) 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
Congress as ex officio Members, a representatives of the Integrated Bar, a professor of law, retired
Member of the Supreme Court, and a representative of the private sector.

(2) The regular Members of the Council shall be appointed by the president for a term of four years with
the consent of the Commission on Appointments.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a
record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the
Supreme Court.

(5) 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.