The document discusses the structure and powers of the Philippine judiciary. It notes that the judicial power is vested in the Supreme Court and lower courts established by law. The Supreme Court has 15 judges including the Chief Justice. It can hear cases en banc or in divisions of 3, 5, or 7 judges depending on the case. Judges are appointed by the President and hold office until age 70 unless incapacitated. The Supreme Court settles disputes and determines if other branches abused their discretion.

1. By: GROUP 4

2. “The judicial power shall be vested in one
Supreme Court and in such lower courts
as may be established by law.
Judicial power includes the duty of the
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 on the part of any branch or
instrumentality of the Government.”

3. Adjudicatory Power
◦ To settle actual controversies involving
rights
◦ To determine whether there has been a
grave abuse of discretion to lack or
excess of jurisdiction
Judicial Review
◦ Interpret the law and make them binding
judgements
◦ Constitutionality of the laws
Incidental Power
◦ powers essential for the discharge of their
judiciary function

4. Final decision maker
Highest court of the land
Classes of Courts
Constitutional Court
◦ Provided by the constitution
◦ One Supreme Court
Statutory Courts
◦ Creations of law
Legislative
◦ Lower courts
Courts below the Supreme Court

5. Regular
◦ Court of Appeals
◦ Regional Trial Court
Metropolitan Trial Court
Municipal Trial Court
Municipal Circuit Trial Court
◦ Shari’a District Court
Special
◦ Sandiganbayan
Review cases filed against government
officials
◦ Court of Tax Appeals
Review appeals on the decisions of the BIR

7.  Agencies under the Executive
Department performing duties similar to
the Judicial Department
 Make pronouncements and judgements
on certain issues
◦ Commission on Elections
◦ National Labor Relations Commission
◦ Securities and Exchange Commission
◦ They render judgements just like the Judicial
Department, yet they form part of the
Executive Department

8.  The Supreme Court shall have
the following powers:
1. Exercise original jurisdiction over
cases affecting ambassadors,
other public ministers and
consuls, and over petitions for
certiorari, prohibition,
mandamus, quo warranto, and
habeas corpus.

9. 2. Review, revise, reverse, modify, or affirm
on appeal or certiorari, as the law or the
Rules of Court may provide, final
judgments and orders of lower courts.
3. Assign temporarily judges of lower courts
to other stations as public interest may
require. Such temporary assignment shall
not exceed six months without the consent
of the judge concerned.
4. Order a change of venue or place of trial to
avoid a miscarriage of justice.

10. 5. Promulgate rules 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 legal
assistance to the under-privileged.
6. Appoint all officials and employees of
the Judiciary in accordance with the
Civil Service Law.

11.  Settle disputes concerning consuls
or diplomats
◦ They enjoy immunity from domestic suits
or cases
 Petition for Certiorari
◦ Special civil action requesting a lower
court or body to transmit the records to
the superior court for review
 Prohibition
◦ Writ by which the superior court prohibits
the lower court or body to stop further
proceedings

12.  Mandamus
◦ Order by a superior court to a lower court
to do perform a certain act which it is
bound to do so
 Quo Warranto
◦ Action by the government to recover an
office or franchise from an individual
unlawfully holding it
 Automatic Review of Cases sentenced
by lower court with Reclusion Perpetua
or Death Penalty

13. (1) No person shall be appointed
Member of the Supreme Court or
any lower collegiate court unless
he is a natural-born citizen of the
Philippines. A Member of the
Supreme Court must be at least
forty years of age, and must have
been for fifteen years or more, a
judge of a lower court or engaged
in the practice of law in the
Philippines.

14. (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 a member of the Philippine
Bar.
(3) A Member of the Judiciary must
be a person of proven
competence, integrity, probity,
and independence.

15.  Natural-born Philippine citizen
 At least 40 years old
 At least 15 years experience of being
Judge at the lower court or engaged in
the practice of law
 Person of proven competence,
integrity, probity and independence
 For lower court Judges, natural-born
citizenship requirement is not
necessary

16. (1) The Members of the Supreme Court
and judges of lower courts shall be
appointed by the President from a list of
at least three nominees preferred by the
Judicial and Bar Council for every
vacancy. Such appointments need no
confirmation.
(2) For the lower courts, the President shall
issued the appointment within ninety
days from the submission of the list.

17. “The Members of the Supreme Court and
judges of the lower court shall hold
office during good behaviour until they
reach the age of seventy years or
become incapacitated to discharge the
duties of their office. The Supreme
Court en banc shall have the power to
discipline judges of lower courts, or
order their dismissal by a vote of
majority of the Members who actually
took part in the deliberations on the
issues in the case and voted in
thereon.”

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

19.  All cases involving the constitutionality of a
treaty, international or 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,
instructions, ordinances, and other
regulations, shall be decided with the
concurrence of a majority of the Members
who actually took part in the deliberations on
the issues in the case and voted thereon.

20. (3) Cases or matters heard by a division
shall be decided or resolved with the
concurrence of a majority of the
Members who actually took part in the
deliberations on the issues in the case
and voted thereon, and in no case
without the concurrence of at least
three of such Members. When the
required number is not obtained, the
case shall 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.

21.  Composed of 15 Judges
 Chief Justice
 Appointed by the President
 Hearing Procedure
◦ In performance of their job, are they required to
always meet as a single group of 15?
◦ Due to the huge volume of pending cases filed at
them
 En banc
 Divisions of three members (5 divisions)
 Divisions of five members (3 divisions)
 Divisions of seven members (2 divisions)
- Gravity and importance of the
case
- At least three judges agreeing

22.  Constitutionality Issues
◦ treaty, international law, executive agreement,
laws
◦ presidential decrees, proclamations, and
orders
 Majority of the members of the judiciary who
participated in the hearing
 If majority votes were not obtained,
constitutionality is upheld
 15 members – quorum is 8 – votes
required is only 5
 Administrative proceedings for the
dismissal of a judge of a lower court

23.  Cases where majority vote is not
obtained at the lower courts
◦ Division with 3 members
◦ Majority vote is equals to?
3 votes
◦ What will happen if two judges agreed, the
other disagreed?
Case will be decided by en banc
 Modifying decisions in cases decided
in an en banc session