Professional Documents
Culture Documents
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested
in one Supreme Court and in such lower courts
as may be established by law. Jurisdiction:
The power to hear and decide cases.
SCOPE OF JUDICIAL POWER
1. Adjudicatory Power
2. Power of Judicial review
3. Incidental powers
GIVING OF ADVISORY OPINIONS NOT A
JUDICIAL FUNCTION
1. It is a function of executive officials.
2. Doctrine of separation of powers
3. Pendency of many actual cases.
JUDICIAL
POWER
VESTED
IN
ONE
SUPREME COURT and IN LOWER COURTS
As the highest court of the land, the decisions
of the Supreme Court are binding on all lower
tribunals.
a. Classification of courts Only the
Supreme Court is a constitutional court.
b. Congress may abolish any or all lower
courts and replace them with other
courts. It cannot however abolish the
Supreme Court or create an additional
Supreme Court.
ORGANIZATION OF COURTS
QUASI-JUDICIAL AGENCIES
Administrative bodies under the executive
branch performing quasi-judicial functions do
not form part of the integrated judicial system.
Section 2. Limitations to the exercise of
power to apportion jurisdiction of various
courts vested in Congress:
1. The Congress cannot diminish original and
appellate jurisdiction of the Supreme Court
over enumerated in Section 5.
2. No law shall be passed reorganizing the
judiciary when it undermines security tenure.
3. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court
without its advice and concurrence.
JURISDICTION OF COURTS
1. General - the court's authority to hear all
kinds
of
cases.
2.
Limited
or
special jurisdiction - is the jurisdiction of
court only on certain types of cases such as
bankruptcy, family matters, etc.
3. Original - the power to hear a case for the
first time
4. Appellate - when a higher court has the
power to review a lower court's decision.
5. Exclusive - exclusive jurisdiction exists
where one court has the power to adjudicate a
case to the exclusion of all other courts.
6. Concurrent - more than one court may
take jurisdiction over the case
7. Criminal for the punishment of crime.
8. Civil exists when the subject matter is not
of a criminal nature.
Section 3. Fiscal
Autonomymeans
freedom
from
outside
control.
The
appropriations for the judiciary may not be
reduced but they may be increased.
Section
4.
COMPOSITION
SUPREME COURT
OF
THE
FOR
Court of Appeals the Philippines secondhighest judicial court, after Supreme Court;
consists of 69 associate justices and 1
presiding justice.
Section 8.
4. Abolition of office
1. Separation of powers
2. Independence of the members
3. Delay of cases
OFFICE
OF
to
Section 16.
REPORT
SUBMISSION
OF
ANNUAL