Study Helps Judicial Department
Study Helps Judicial Department
Study Helps Judicial Department
STUDY HELPS
A. Give your concept of judicial power.
a) Judicial power is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of
such rights.
b) Vested in the Supreme Court and such lower courts as may be established by law.
c) Since the courts are given judicial power and nothing more, courts may neither attempt to assume
or be compelled to perform non-judicial functions. They may not be charged with administrative
functions except when reasonably incidental to the fulfillment of their duties.
d) In order that courts may exercise this power, there must exist the following:
laws.
e) Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which
are violated, there can be no recourse to the courts.
f) The courts cannot be asked for advisory opinions
g) Judicial power includes:
The duty of the courts to settle actual controversies involving rights which are legally
B. What are the legal and moral qualifications for Members of the Judiciary?
a) Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the Philippines
4. Person of proven competence, integrity, probity and independence
b) Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possess other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence
c) Qualifications of Judges of Lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine bar
3. Possess other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence
a) Only by IMPEACHMENT
b) Cannot be disbarred while they hold office
E. How are members of the Judiciary appointed?
The Judicial and Bar Council is under the supervision of the SC.
a) Is under the supervision of the Supreme Court and is composed of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: the last four are the regular members of the JBC. Regular members are appointed by the
President with CA approval. Regular members serve for 4 years, with staggered terms.
b) Functions of JBC
1. Principal function: recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it.
c) Appointments to the Judiciary
1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the
JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 days from submission to the President of the
JBC list.
5. Cases where SC modifies or reverses a doctrine principle of law laid down by the SC en banc or
by a division
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President
c) Cases heard by division
1. Must be decided with the concurrence of a majority of the members who took part in the
deliberations and voted thereon
2. Majority vote in a division should be at least 3 members
d) Powers of the SC
1. SC has ORIGINAL jurisdiction over
Cases affecting ambassadors, other public ministers and consuls. (Note: This refers to
2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
All cases involving the constitutionality or validity of any
Treaty
Internal or executive agreement
Law
Presidential decree
Proclamation
Order
Instruction
Ordinance, or
Regulation
All cases involving the legality of any
Tax
Impost
Assessment or
Toll or
Any penalty imposed in relation thereto;
All cases in which the jurisdiction of any lower court is in issue
Criminal cases where the penalty imposed is reclusion perpetua or higer; and
All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest. (Note: Temporary
assignment shall not exceed 6 months without the consent of the judge concerned.)
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning:
The protection and enforcement of constitutional rights;
Pleading, practice and procedure in all courts;
Admission to the practice of law;
The Integrated Bar; and
Legal assistance to the underprivileged.
Limitations on Rule Making Power:
It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
It should be uniform for all courts of the same grade.
It should not diminish, increase, or modify substantive rights.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.