Article VIII

Judicial Department
Prepared by:
Prof. Hyman Jay H. Blanco, RCrim, MSCrim*, JD*
It is the power to apply the laws
to contest or disputes concerning
legally recognized rights or
duties between the state and
private persons or between
individual litigants in cases
properly brought before the
judicial tribunals.
 Scope
 Adjudicatory power
 To settle actual controversies

 Determine whether there has been grave

abuse
 Judicial review
 Pass the constitutionality of the laws

 Interpret them

 Render binding judgment

 Incidental powers
Organization of
Courts
 Regular Courts
 Court of Appeals
 69 justices,23divisions w/ 3 members

 Regional Trial Courts

 720 RT judges per regions of the
country
 Metropolitan Trial Courts
 Municipal Trial Courts
 Municipal Circuit Trial Court
 Special Courts
 Tax of Appeals
 With 3 judges
 Created by RA # 1125
 Sandigang Bayan
 With 15 justices
 Operates in 5 divisions with 3 members
 Created by PD # 1606
 Quasi-judicial Agencies
Administrative bodies under
the executive branch
performing judicial functions,
like National Labor Relations
Commission, the Employees
Compensation Commission,
etc.
 Importance of the
judiciary
 Confidence in the certain and
even administration of justice
 Preservation of the government

 Respect fro law and order

 Jurisdiction of courts
 General  Exclusive

 Limited  Concurrent

 Original  Criminal

 Appellate  Civil
 Composition of the
Supreme Court
 15 members
1 chief justice
 14 Associate justices
 Sitting Procedure
 En banc
 In divisions

 5 divisions with 3 members

 3 divisions with 5 members

 2 divisions with 7 and 8

members
 Qualifications of Supreme Court
 Must be a natural born

 At least 40 years of age

 15 years or more been a judge or

engaged in practice of law in the
Philippines
 A person of proven competence,
integrity, probity and
independence
 Qualifications of the Lower
Courts
 Must be a Filipino citizen
 Must be a member of Integrated
Bar of the Philippines
 Must be a person of proven
competence, integrity, probity
and independence
Term of Office of members of
the Supreme Court and
judges of the lower Courts
during good behavior or until
they reach the age of 70 yrs or
become incapacitated to
discharge the duties of their office
Powers of the Supreme Court
 Original jurisdiction over cases affecting
diplomatic agents
 Original jurisdiction over petition for
certiorari, mandamus, prohibition, quo
warranto
 Exclusive appellate jurisdiction
 Appeal
 Cetiorari
 Questions of law
 Assign temporary judges for lower
courts for 6 months
 Order a change of venue

 Provide rules concerning the

protection and enforcement of
constitutional rights
 Submission of annual report
 Prohibitions
 Prohibition against designation to
quasi-judicial and administrative
office
 No rendering decision by any
court without stating clear and
distinct facts
 Maximum rendition of
decisions
 Supreme Court—24 months
 Court of Appeals—12 months

 Lower Courts—3 months

Judicial And Bar
Council
A non-political process of
selection and appointment
of members of the
Supreme Court and judges
of lower courts
 Composition
 Chief Justice as the Ex officio chairman
 Secretary of Justice as ex officio member
 Representative from the Congress as ex officio
member
 The SC secretary will be the ex officio secretary
 Regular members
 A representative from Congress (4 yrs.)

 A professor of law (3 yrs.)

 Retired member of SC (2 yrs.)

 Representative from private sector (1 yr)