Article VIII Judicial Department

Sec.1. Jud Sec.1. Judici icial al Pow Power er - the pow power er to appl applyy law lawss to to cont contest estss or disputes concerning legally recoverable rights/duties between the state state and private private persons persons or between individual litigants in cases properly brought before judicial tribunals. Scope of Judicial Power:  Adjudicatory Power  Power of Judicial Review Incidental Powers

Judicial Power is vested vested in in 1 Supreme Supreme Court --- Constitutional Court Court

Sandiganbayan, Sandiganbay an, CA, RTC, RTC, and MTC --- Statutory or lower lower courts

Supreme Court Court of Appeals

Regional Trial Trial Courts

MTCs, MMTC, MCTC

Section 2. Jurisdiction of Courts y

Jurisdiction urisdiction is the power and authority authority of a court to

hear,try hear,try and decide a case it may be:

General

 Appellate

Limited

Exclusive

Criminal

Civil Original

Concurrent

y

Section 3. Fiscal Autonomy  Autonomy  -insures the independence of the judiciary. The appropriations appropriations for it may not be reduced reduced but but they may  be increased. This assures that the minimal funding requirements requirements of the judiciary judiciar y will will be met.

Section 4.Compositon of the Supreme Court The new constitution retained the membership of the SC of fifteen f ifteen members including including the Chief  Justice from the 1973 Charter

y

Cases to Cases to be hear heardd or deci decide dedd en banc banc and   vote required  Constitutionality of a treaty 

Involving constitutionality of  pres. Decrees./ordinances & regulations

 Administrative cases; dismissal of a lower lower court judge

Reversing or modifying modif ying a doctrine or principle of law

Section 5.Powers of the Supreme Court y y

y

y y

y

Exercise

original jurisdiction over cases affecting ambassadors Review, reverse or modify on appeal or certiorari as the laws or the  rules of court may provide  To assign temporarily judges of lower courts to other stations which shall not e xceed 6 months without the said judge·s consent. Order a change of venue or place of trial to avoid miscarriage of justice  Promulgate rules concerning the protection and enforcement of  Constitutional rights.  Appoint all officials and employees of the judiciary in accordance with the Civil Service Law.

Section 6.Administrative supervision of Supreme Court over all courts and personnel thereof. Section 7. Qualifications Qualif ications of members of the Supreme Court and Low L ower er courts.

 A natural-born citizen of the Philippines

 A member member of the Supreme Supreme court court must must be at least least 40 y/o.  A natural-born citizen of the Philippines  Must have have been 15 yrs. Or more more a judge judge of a lower lower court or engage in the th e practice of law in i n the Philippines.

Section 8. Creation of the Judicial J udicial Bar Bar and  Council y y

y

y

Created under the supervision of the supreme court. Composed of the Chief justice, Secretary of  Justice, and Rep. of Congress, Rep. of the the Integrated Bar, Bar, a professor professor of law law,, a retired member memb er of the SC, and and a Rep. of the private Sector Sector.. Its regular members members shall be appointed by the President with a term of four years. years. Its principal functions shall be recommendation of  appointees appointees to the judiciary judicia ry..

1-3 give the scopes of judicial power 4. What is the minimum age requirement to be member of the Supreme Court. 5. How many members does the supreme court have? 6. T or F the Supreme court is a Statutory court. 7. T or F Jurisdiction is the power & authority of a Court to decide a Case. 8. T or F The Supreme court may Order a change of venue or

place of trial to avoid miscarriage of justice 9. T or F the Supreme Court can Appoint officials and

employees of the judiciary in not in accordance with the Civil Service Ser vice Law. Law. 10. T or F the regular members shall be appointed by the President with a term of five years.