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Article viii judicial department Sections 1 to 8


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Article viii judicial department Sections 1 to 8

  1. 1. Article VIII - JUDICIAL DEPARTMENT Section 1-8 Katharine Gabriel Bon Joshua Honrade Van Hufancia Ann Lauzon Kathereen Licayan Celina Limcaco
  2. 2. SCOPE OF JUDICIAL POWER Section 1 1. Adjudicatory Power a. To settle actual controversies involving rights which are legally demandable and enforceable. 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. c. To render binding judgment. 3. Incidental powers a. Includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt.
  3. 3. Section 1 JUDICIAL POWER VESTED IN ONE SUPREME COURT IN LOWER COURTS • Judiciary composed of the courts is one of the three main divisions of power in our government. As the highest court of the land, the decisions of the Supreme Court are binding all tribunals. CLASSIFICATION • Only the supreme court is a constitutional court in the sense of being a creation of the CONSTITUTION. • Statutory courts – all other courts, including the Sandiganbayan in the sense that they are creations of LAW.
  4. 4. Section 1 CREATION AND ABOLITION OF COURTS BY CONGRESS • In the exercise of its legislative power, Congress may abolish any or all lower courts and replace them with other courts subject to the limitation that the reorganization shall not undermine the security of tenure. (Sec.2, par 2.)
  5. 5. Section1 ORGANIZATION OF COURTS SUPREME COURT Sandiganbayan Court of Appeals Shari’a Appelate Court Court of Tax Appeals Sharia’s District Courts Sharia’s Circuit Court Regional Trial Court MeTCs MTCCs MTCs MCTCs
  6. 6. Section1 REGULAR COURTS (FIRST LEVEL) 1. Metropolitan Trial Courts (MeTCs) – established in each metropolitan area by law. 2. Municipal Trial Courts in Cities (MTCCs) – created in every city, which do not form part in metropolitan area. 3. Municipal Trial Courts (MTCs) – established in each of the other cities and municipalities. 4. Municipal Circuit Trial Courts (MCTCs) – created in each circuit comprising such cities and/or municipalities as grouped by law. REGIONAL COURTS (SECOND LEVEL) • The second tier, which is established in each region in Philippines. Each RTC is comprised of several branches, which functions as follows: 1. Acts as trial courts and receives evidences from parties of the case. 2. Exercise jurisdiction of the MeTCs, MTCC, MTCs, MCTCs in their respective territorial jurisdiction.
  7. 7. Section1 COURT OF APPEALS (THIRD LEVEL) • Exercises its powers, duties and functions through 23 divisions. The Court is tasked to: 1. Review cases submitted to RTCs as well as quasijudicial agencies such as Civil service Commission, National Labor Relations Commission, and the Land Registration Authority. 2. Review death penalty cases as well as decisions of the Office of the Ombudsman 3. May sit en banc, being a collegiate court, only for the purpose of exercising administrative, ceremonial, or non-adjudicatory functions. 4. Generally resolve cases only on the basis of records but in certain instances, it may also try cases, conduct hearings, and receive evidences.
  8. 8. Section1 SPECIAL COURTS: SANDIGANBAYAN (SB) AND COURT OF TAX OF APPEALS (CTAs) Philippine Judicial system is also comprised of special courts: the SANDIGANBAYAN, which was created by Presidential Decree No. 1606 and the Court of Tax Appeals that was established under Republic Act No. 1125 as amended by RA NO. 9282. SHARI’A COURTS For Filipino Muslims, these courts are established in Islamic regions and provinces.
  9. 9. Section 2 • Limitations to the exercise of power to apportion jurisdiction of various courts vested in Congress: 1. The Congress cannot diminish or otherwise impair the original and appellate jurisdiction of the Supreme Court over enumerated in Section 5. 2. No law shall be passed reorganizing the judiciary when it undermines security tenure guaranteed in Section 11. 3. No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurence.
  10. 10. Section2 Jurisdiction of Courts 1. General 2. Limited 3. Original 4. Appellate 5. Exclusive 6. Concurrent 7. Criminal 8. Civil
  11. 11. Section 3 • This section seeks to further insure the independence of the judiciary. 1. Appropriations for judiciary not subject to reduction. 2. Appropriation to be automatically and regularly released.
  12. 12. Section4 COMPOSITION OF SUPREME COURTS • The Supreme Court shall composed of 15 members which includes the Chief Justice (1) and 14 Associate Justices. • The Constitution requires any vacancy to be filled within 90 days from the concurrence thereof.
  13. 13. Section 4 Cases to be heard or decided en banc and vote required: 1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (statute) shall always be heard and decided by the Supreme Court en banc. 2. All other cases including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations which under the rules of court. 3. 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 4. Cases heard by a division shall be decided or resolved with the concurrence likewise of the same majority vote is necessary to order such dismissal 5. Cases modifying or reversing a doctrine or principle of law laid down by the court in the decision rendered en banc or in division decided by the court sitting in en banc.
  14. 14. Section 5 The Supreme Court shall have the following powers: 1. Exclusive Power to pass judgment on original jurisdiction – cases affecting ambassadors, other public ministers and consuls over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus are to be decided by the Supreme Court. Under international law, diplomatic representatives are immune from suit and are not subject to the jurisdiction of the court receiving the state.
  15. 15. Section 5 2. Power to overrule the lower courts’ decisions – On appeal, the aggrieved party may question the judgment of the lower counts before the Supreme Court, which may review, revise, reverse, modify or affirm the said decisions. 3. Power to assign judges – This gives sole authority to the Supreme Court to temporarily assign judges of lower courts to prevent miscarriages of justice. 4. Power to change venue of trial – The Supreme Court may transfer the venue of trial of criminal and civil cases to prevent miscarriage of justice. 5. Rule making power – It is the power of the Supreme Court to promulgate rules and regulations to be followed by all courts.
  16. 16. Section 6 • The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
  17. 17. Section 7 • Qualifications for members of the Supreme Court and any lower collegiate court. He must be a natural-born citizen of the Philippines He must be a 40 years of age He must have, for 15 years or more, been a judge of a lower court or engaged in the practice of law in the Philippines. • Qualifications of judges of the lower courts. He must be a citizen of the Philippines He must be a member of the Philippine Bar. He must be a person of proven competence, integrity, probity and independence.
  18. 18. Section 8 • A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of : • Chief Justice as ex officio Chairman • The Secretary of Justice, and a representative of the Congress as ex officio Members • a representative of the Integrated Bar • a professor of law • a retired Member of the Supreme Court • a representative of the private sector.
  19. 19. • Regular members of the Council – appointed by the President for a term of 4y ears with the consent of the Commission on Appointments. • Of the Members first appointed, the representative of the Integrated Bar shall serve for four years • the professor of law for three years • the retired Justice for two years • the representative of the private sector for one year.
  20. 20. • The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings. • The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council. • (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.
  21. 21. * Article 6 section 30 • Congress can increase its jurisdiction by assigning to it additional adjudication. • Law increasing jurisdiction of the court 1. Appellate jurisdiction 2. Original jurisdiction