PHILIPPINE CONSTITUTION ARTICLE VIII: JUDICIAL DEPARTMENT
JUDICIAL POWER- includes the 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 on the part of any branch or
instrumentality of government as well as between
the State and private persons.
Judicial power is vested in:
1. One Supreme Court; and
2. Such lower courts as may be established by
law.
Jurisdiction- power to hear and decide a case and
execute decision thereof.
1. Congress shall have the power to define,
prescribe and apportion the jurisdiction of
the various courts but may not deprive the
SC of its jurisdiction over cases enumerated
in sec. 5, Art. VIII.
2. No law shall be passed increasing the
appellate jurisdiction of the SC as provided in
the Constitution without its advice and
concurrence.
Safeguards that guarantee independence of
Judiciary:
1. SC is a Constitutional body and may not be
abolished by law;
2. Members are only removable by impeachment;
3. SC has administrative supervision over all inferior
courts and personnel;
4. SC has exclusive power to discipline judges/
justices of inferior courts;
5. SC alone may initiate the promulgation of the
Rules of Court;
6. SC can appoint all officials and employees of the
judiciary.
APPOINTMENT TO THE JUDICIARY
Qualifications:
a. Chief Justice and Associate Justices of the
SC:
1. Natural born citizen;
2. At least 40 yrs old;
3. 15 yrs or more as judge of a lower court
or has been engaged in the practice of
law in the Philippines for some period;
4. A person of proven competence,
integrity, probity and independence.
b. Presiding Justice and Associate Justices of
the Court of Appeals:
 Same as the qualifications in the SC
c. Regional Trial Court Judges:
1. Citizen of the Philippines;
2. At least 35 yrs old; and
3. Has been engaged for at least 5 yrs in
the practice of law in the Philippines
requiring admission to the practice of
law as an indispensable requisite;
4. A person of proven competence,
integrity, probity and independence.
d. Metropolitan, Municipal and Municipal
Circuit Trial Court Judges:
1. Citizen of the Philippines;
2. At least 30 yrs old;
3. Has been engaged for at least 5 yrs 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;
4. A person of proven competence,
integrity, probity and independence.
Procedure for Appointment:
1. Appointed by the President from among a
list of at least 3 nominees prepared by the
Judicial and Bar Council for every vacancy.
2. For lower courts, President shall issue the
appointment 90 days from submission of the
list.
Tenure of Justices and Judges
a. Supreme Court- hold office until they reach
70 yrs of age or become incapacitated to
discharge their duties. May be removed only
through impeachment.
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PHILIPPINE CONSTITUTION ARTICLE VIII: JUDICIAL DEPARTMENT

b. Lower Courts- hold office during good
behavior until they reach 70 yrs of age or
become incapacitated to discharge their
duties.
 SC en banc, by majority vote of members who
actually took part in the deliberation, shall have
the power to discipline judges of lower courts or
order their dismissal.
JUDICIAL AND BAR COUNCIL
Composition:
 Ex-officio chairman
- SC Chief Justice
 Ex-officio members
- Secretary of Justice
- Representative of Congress
 Regular members
- Representative of the IBP
- Professor of Law
- Retired member of SC; and
- Representative of private sector
 Secretary de officio
- Clerk of the Supreme Court
Appointment
-regular members shall be appointed by the
President for a 4-year term with the consent of the
CoA.
Powers and Functions of Judicial and Bar Council:
1. Recommend appointees to the Judiciary;
2. Recommend appointees to the Office of the
Ombudsman and his 5 deputies;
3. May exercise such other functions as may be
assigned by the SC.
SUPREME COURT
-is the only Constitutional court, all the lower courts
being of statutory creation.
Composition:
Chief Justice and 14 Associate Justices may sit en
banc or in its discretion, in divisions of 3, 5, or 7
members.
Any vacancy shall be filled within 90 days from
occurrence thereof but in no case shall appointment
be made 2 months before the next presidential
election and up to the end of the term of the
president.
Powers of the Supreme Court
1. Original Jurisdiction – over cases affecting
ambassadors, other public ministers and
consuls.
- Over petitions like Writ of Certiorari,
prohibition, mandamus, quo warranto and
Habeas Corpus
Certiorari- requiring a lower court or a
board, or officer exercising judicial functions
to transmit the records of a case to the
superior court(SC) for purposes of review.
Prohibition- a writ to desist from further
proceedings in an action or matter.
Mandamus- commanding a lower court or a
corporation, board, or person to perform a
certain act which it is its or his duty to do; it
is an affirmative remedy ordering a certain
act to be done.
Quo warranto- an action by the government
to recover an office or franchise from an
individual or corporation usurping or
unlawfully holding it.
Habeas Corpus- a writ issued ordering to
bring somebody who has been detained into
court, usually for a decision on whether the
detention is lawful.
- Review of the factual basis for the
declaration of martial law or suspension of
the privilege of Habeas Corpus.
2. Appellate Jurisdiction – over final judgments
and orders of lower courts in all cases.
- All criminal cases in which the penalty
imposed is reclusion perpetua or higher;
- All cases in which only a question of law is
involved.

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PHILIPPINE CONSTITUTION ARTICLE VIII: JUDICIAL DEPARTMENT

3. Electoral Tribunal for Presidential and vice-

Presidential Contests Sitting En Banc, over
all contests relating to the election, returns
and qualification of the President or Vice-
President.
4. Order a change of venue or place of trial, to
avoid miscarriage of justice.
5. Rule-making power
6. Power of appointment – appoints all
officials and employees of the Judiciary in
accordance with Civil Service Law
7. Power of administrative supervision

Judicial Review- the power of the courts to test

the validity of executive and legislative acts in
light of their conformity with the Constitution.
(an expression of the Supremacy of the
Constitution)

PERIOD FOR DECISION

All cases or matters filed after the effectivity of
this Constitution must be decided or resolved
within 24 months from date of submission for
the SC, and unless reduced by the SC 12 months
for all the lower collegiate courts and 3 months
for all lower courts.

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