Judicial department article VIII (jhustyn)

Prepared By: Jhustyn Ryerson C. Delos Trinos

JUDICIAL POWER
The authority of
the court to hear
and decides all
cases.

Doctrine of
Judicial
Supremacy

Doctrine of Judicial Supremacy
Provides the Fact that
while the judiciary
neither enjoys the
powerof the sword nor
the purse.

Power of Judicial Review
The power of the
courts to test the
validity of
executives.

Requisites of Judicial Review:

a.Actual case or
controversy

b. Constitutional
question must be
raised by the proper
party

c. Constitutional
question must be
raised at the earliest
opportunity

d. Determination of
constitutionality of the
statute must be
necessary.

Functions of Judicial Review:

1. Checking
2. Legitimizing
3. Symbolic

Checking

Legitimizing

Symbolic

Effects of declaration of
Unconstitutionality:
1. The Law is VOID

Effects of declaration of
Unconstitutionality:
1. The Law is
VOIDABLE

Duties of the
Court of
Justice
(Art. VII, Sec.1)

Duties of the Court of Justice:
a. To settle actual
controversies
involving rights

Duties of the Court of Justice:
b. To determine
whether or not
there has been a
grave abuse of
discretion

SUPREME COURT
Chief Justice

SUPREME COURT
Chief Justice
(14)associates
justices

SUPREME COURT
Chief Justice
(14)associates
justices
Highest Court Of the
Land

Qualifications
of justices of
the Supreme
court

Qualifications of justices of the
Supreme court:
a. A Natural Born
Citizen

Supreme court:
b. At least 40 years of
age

Supreme court:
c. Must have been for
15 years or more a
judge of a lower court
or;

Supreme court:
c. Engaged in the
practice of law in the
Philippines(Sec.7);
and

Supreme court:
c. Must be a person of
proven competence,
integrity, probity, and
independence
(Sec.7{3})

Judges of the Lower Courts:
a. A citizen of the
Philippines

b. A member of
the Philippine
Bar; and

c. Must be a person
of proven
competence,
integrity, probity,
and independence.

Specific
Qualifications
For Lower
Courts

Specific Qualifications For Lower
Courts:
1. Presiding Justice and
Associate Justices of the court
of appeals

Courts:
2. Regional Trial Courts Judges:

Courts:
a. Citizen of the Philippines

Courts:
b. At least 35 years old

Courts:
c. Has been engaged for at
least five years in the practice
of law in the Philippines.

Courts:
d. A person of proven
competence, integrity, probity,
and independence.

Courts:
3. Metropolitan, municipals,
Municipal trial Court Judges:

Courts:
a. Citizen of the Philippines

Courts:
b. At least 35 years old

Courts:
c. Has been engaged for at
least five years in the practice
of law in the Philippines.

Courts:
d. A person of proven
competence, integrity, probity,
and independence.

Appointment
of Justices of
the Judiciary

Lower courts
Established by
the Law
Statutory court

Lower courts:
Regional Trial Courts
Sandiganbayan
Municipal Trial Court
City Trial Court
Court of tax Appeal

Lower courts:
Regional Trial
Courts

Lower courts:
Municipal Trial
Court

Lower courts:
City Trial Court

Lower courts:
Court of tax
Appeal

Tenure of
Office of the
Judiciary

Tenure of Office of the Judiciary:
1. Members of the
supreme court and
judges of lower courts
shall enjoy their offices
during good behavior.

Tenure of Office of the Judiciary:
2. Members of the
supreme court shall
enjoy the office until
they are removed in the
long and difficult process
of impeachment.

GOOD OFFICE
A conduct
authorized or in
accordance with
law.

Salary of Judiciary’s
members:

members:
Chief Justice

members:
Chief Justice
240,000.00

members:
Associate Justice

members:
Associate Justice
204,000.00

Vacancy in the Supreme
Court:
Chief Justice

Vacancy in the Supreme
Court:
Associate Justice

Independence of the Judiciary
The Constitution guarantees
the ff. features:
1. Fiscal Autonomy(sec.3)

The Constitution guarantees the
ff. features:
2. The members of the SC
may not be removed by
any government act, except
as determined by the law.

the ff. features:
3. Members of the judiciary
enjoy security of
tenure.(Art.VII, Sec. 2{2})

the ff. features:
4. Salaries are fixed

the ff. features:
5. Congress may not
deprived the SC of their
original and appellate
jurisdiction.

the ff. features:
6. Members of the judiciary
shall not be designated to
perform administrative
function.

the ff. features:
7. Justices and judges are
appointed based on the
merits and qualifications.

the ff. features:
8. The SC can appoint all
personnel and employees of
the judiciary.

the ff. features:
9. The SC assumes the power
of control and administrative
supervision over all statutory.

the ff. features:
10. The SC shall have the
power to discipline judges of
lower courts.

Powers of the Supreme Court
Art. VII, Sec. 5

Kinds Of Jurisdiction:
a. Original Jurisdiction
b. Appellate Jurisdiction
c. General Jurisdiction
d. Limited Jurisdiction
e. Exclusive Jurisdiction
f. Concurrent Jurisdiction

Original Jurisdiction

Appellate Jurisdiction

General Jurisdiction

Limited Jurisdiction

Exclusive Jurisdiction

Concurrent Jurisdiction

Jurisdiction of
the Supreme
Court

Jurisdiction of the Supreme Court
1. Original Jurisdiction

a. for special civil actions, the
SC assumes original jurisdiction
over petitions for:
I. Certiorari

over petitions for:
II. Prohibition

over petitions for:
III. Mandamus

over petitions for:
IV. Quo
Warranto

b. Ambassadors, other
Public ministers, and
consuls.

b. Ambassadors, other Public
ministers, and consuls.
The Concept of Grave Abuse of
Discretion

Judiciable Question

Political Question

2. Appelate Jurisdiction

3. Rule-Making Power

The Limitations of the rule-making
of the SC are:

of the SC are:
a. The rules must be
uniform for all courts of
the same grade.

of the SC are:
b. The Rules must not
diminish, increase, or
modify substantive
rights.

of the SC are:
c. The Rules of procedure
of special courts and
quasi-judicial bodies shall
remain effective.

Sitting
Procedure of
The Supreme
Court

Sitting Procedure of The Supreme Court
En Banc and
Divisions

En Banc
1. All cases involving
the constitutionality
of a treaty,
international or
executive agreement
or law.

En Banc
2. Other cases under the
Rules of the Court are
acquired to be heard en
banc.

En Banc
3. Modification or reversal
of the doctrine or
principle laid down by the
Supreme Court and a
decision en banc or in
division.

En Banc
4. When the required
number of votes is not
obtained in the case
heard by the division.

Division
Article VIII, Sec. 13

Division
Decision

Composition and Function of Judicial and Bar Council
Composed of:

Composed of:
a. Chief Justice

Composed of:
b. Secretary of
Justice

Composed of:
c. Representative of the
Congress

Composed of:
d. Representative of IBP

Composed of:
e. Professor of law

Composed of:
e. Retired member of SC

Composed of:
e. Representative of
Private Sector

Composed of:
e. Clerk of the Supreme
Court

Composed of:
Regular members are appointed
by the President

Composed of:
Regular members are
appointed by the President
with the consent of the
Commission of
Appointments w/ the ff.
term of office:

Composed of:
term of office:
1. Representative of IBP-
4years
2. Professor of Law-
3years

Composed of:
term of office:
3. Retired justice- 2years
4. Representative of the
Private Sector- 1year

Sharia Court
of the
Philippines

Jurisdiction of
the Sharia
Court

Jurisdiction of the Sharia Court
Exlusive Jurisdiction

Concurrent Original

Appellate Jurisdiction

Sharia Circuit Courts
Established as
follows:

Established as follows:
A. All Cases involving
offenses defined and punished
under the Muslim code.

B. All Civil actions and
proceedings between parties
who are muslims or have been
married

B. Art. 13, involving
disputes relating to:
 Marriage

 Divorce

 Betrothal

 customary power

B. Art. 13, involving disputes
relating to:
 Disposition and
distribution of property
upon divorce

 maintenance and
support

 Restitution of
marital rights

C. All cases involving disputes
relative to communal property.

2. Composition of Jurisdiction
of Sharia Circuit Courts

a. Six, such courts in
the province of SULU.

b. Eight in the province
of Tawi-tawi.

c. Ten in & for the
province of Basilan and
north/south Zamboanga

c. Twelve in the
provinces of Lanao and
cities of Iligan and
Marawi.

d. Fifteen in
Maguindanao,North
Cotabato and Sultan
Kudarat.

Judicial department article VIII (jhustyn)

Judicial department article VIII (jhustyn)

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