Judicial Power

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Judicial Power

 IS VESTED IN THE SUPREME COURTS.

 IT IS THE POWER TO APPLY LAWS TO


CONTEST AND DISPUTES CONCERNING
LEGALLY RECOGNIZED RIGHTS OR DUTIES
BETWEEN THE STATE AND A PRIVATE
PERSON.
Composition of Supreme Court
 It is composed of 15 members, 1 Chief justice and
14 associate justices (Section 4 (1) Article VII)

 They are appointed by the president upon the


recommendation by the judicial and bar council
which submit 3 nominees to the President.
 The appointment of the members of the Supreme
Court is not subject for confirmation by the
Commission on Appointments.
Qualifications for Members of the Judiciary
A. Members of Supreme Court
 Natural born citizen
 At least 40 years old
 15 years practice
B. Members of the Lower Collegiate Court. These are the Court of Appeals, Court of Tax
Appeals, and the Sandiganbayan
 Natural born citizen
 Member of the Philippine bar
C. Members of Lower Courts. This includes the Regional Trial Courts (RTCs). Municipal Trial
Courts (MTCs), Municipal Circuit Trial Courts (MCTCs), Metropolitan Trial Courts (MeTc).
 Citizen of the Philippine (either naturalized or natural born)
 Member of the Philippine Bar
 The Congress may prescribe other qualifications.
 Furthermore, the members of the Supreme Court, Lower Collegiate and Lower Courts must be
persons of proven competence, integrity, probity and independence,
Powers and Jurisdiction of the
Supreme Court
A. Original Jurisdiction
 this refers to supreme court's Authority to be the first to hear a Case. This includes
cases:
 Affecting ambassadors, public ministers, and consults.
 Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus
B. Appellate Jurisdiction
 Refers to Supreme Court's Authority to review, revise, modify or affirm final
judgements rendered by the lower courts.
C. Temporary Assignment of Judges of the lower courts
 Supreme Court Possesses the power to assign temporarily judges of the lower courts
to other stations. Such temporary assignment shall not exceed six (6) months without
the consent of the judge concerned.
D. Order to Change the Venue of Trial
 Supreme Court has the power to order a change of venue or place of
trial to avoid miscarriage of justice
E. Rule-Making Power
 Supreme Court has the authority to promulgate rules concerning the
protection and enforcement of constitutional rights, pleadings,
practice and procedure in all courts.
F. Appoint officials and Employees
 power of appointment of officials and employees of the Supreme
Court should be in accordance with the Civil Service Law.
G. Administrative Supervision over courts and personnel
The Judicial Bar and Council (JBC)
The JBC is a significant innovation introduced by the 1987 Philippine Constitution, the
primary purpose of which is to recommend appointees to the judiciary.
Composition of the JBC:

The ff. are members of the judicial and bar council.


 Chief Justice (Ex-officio chair)
 Secretary of Justice
 Representative of congress
 Representative of the Integrated Bar of the Philippines
 Professor of law
 Private sector Representative
 Clerk of the Supreme Court
Quasi Judicial Agencies

 Commission on elections (COMELEC)


 Civil Service Commission (CSC)
 Commission on Audit (COA)
 National Labor Relation Commission (NLRC)
 Professional Regulation Commission (PRC)

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