4. Change of Venue or Place of Trial "Order a change of venue or change of trial to avoid a miscarriage of justice.

" The power may be exercised in civil cases.

5. Rule-making Power Authorizes the SC to promulgate rules: on legal assistance to the underprivileged concerning the protection and enforcement of constitutional rights for a simplified and inexpensive procedure for the speedy disposition of cases

Limitations on the rule-making power of the Supreme Court: Rule must be uniform for all courts of the same grade Rules must not diminish, increase or modify substantive rights

6. Appointment of Court Personnel "Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law." The power extends to all the officials and employees of the judiciary itself.

7. Administrative Supervision of Courts "The Supreme Court shall have administrative supervision over all courts and the personnel thereof."

TENURE OF JUDGES Sec. 11, Art. 8 of the Constitution guarantees the security of tenure of the judges until they reach the retirement age of seventy. Members of the judiciary may be removed only after charges have been filed and proved against them in a proper administrative proceeding conducted or ordered by the Supreme Court. Power to remove judges lies in the Supreme Court with the concurrence of a majority of the members who actually took part in the deliberations and voted on the issues in the case. Besides removal, such other disciplinary measures as suspension, fine, and reprimand can be meted out by the SC on erring judges.

CONSULTATIONS OF THE COURT The SC is required to reach its conclusions after an exchange of ideas and full deliberation among its members. The primary purpose of a collegiate court is precisely to provide for the most exhaustive deliberation before a conclusion is reached. Once agreement is arrived at by the required majority, a member is assigned as the ponente of the Court. Other members may write separate concurrent opinions, but a separate opinion is required from any dissenting justice, who should state the reasons for his dissent. A justice who takes no part or abstains must also explain his non-participation as it is not permitted for a member to refuse to act except for valid reasons.

DECISIONS OF THE COURT "No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor." Merely directory Merely requires that the decision rendered makes clear why either party prevailed under the applicable law to the established facts. Applicable only to a decision Intended to inform the parties of the factual and legal considerations employed to support the decision of the court. Above provision is NOT applicable to decisions of the COMELEC and of military tribunals, which are not courts of justice.

SALARIES OF JUDGES The salary of the Chief Justice and Associate Justices of the SC, and of judges of lower courts are fixed by the law. Diminution of the salaries of judges during their continuance in office is prohibited Salaries of the judges MAY be raised by the legislature

PERIODS FOR DECISION Sec. 15, Art. 8 of the Constitution is MANDATORY.

Maximum Periods: SC = 24 Months Lower collegiate courts = 12 Months Other lower courts = 3 Months

**Period shall start from the filing of the last pleading, brief or memorandum required by the Rules of Court or by the court itself. Although decision within the maximum period is now mandatory, failure to arrive at the same will not divest the court of jurisdiction, without prejudice to any responsibility that may attach to the judge. The court must still resolve the case without further delay

ANNUAL REPORT The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary. The annual report can be the basis of the appropriate legislation and government policies intended to improve the administration of justice and strengthen the independence of the judiciary.