ARTICLE VIII Judicial Department When an act is done contrary to the Constitution, the law or jurisprudence

When it is executed whimsically, capriciously or arbitrarily out of malice, ill will or

Sec. 1 personal bias

Supreme Court is a constitutional court, while lower courts are creatures of law. Organization of courts

Safeguard of Judicial Independence 1. Regular courts

a. Court of appeals
1. Supreme Court is a constitutional body and may not be abolished by law b. Regional trial court
2. Members are only removable by impeachment c. Metropolitan court
3. Supreme Court may not be deprived of its minimum and appellate jurisdiction; 2. Special courts
appellate jurisdiction may not be increased without its advice or concurrence a. Sandiganbayan
4. Supreme Court has administrative supervision over all inferior courts and personnel b. Court of tax appeals
5. Supreme Court has exclusive power to discipline judges/justices of inferior courts
6. Member of the judiciary enjoy the security of tenure Quasi judicial agencies do not form a part of the integrated judicial system
7. Members of judiciary may not be designated to any agency performing quasi- ex. National labor relations commission, Securities and Exchange commission, the insurance
judicial or administrative functions commission
8. Salaries of judges may not be reduced, judiciary enjoys fiscal autonomy
9. Supreme Court may initiate promulgation of the Rules of Court *court martial executive character
10. Supreme Court alone may order temporary detail of judges
11. Supreme Court can appoint all officials and employees of the judiciary
Sec. 2
Judicial power the right to determine actual controversies arising between adverse
Role of legislature
litigants, duly instituted in courts of proper jurisdiction.

Defining such enforceable and demandable rights and prescribing remedies for
Scope of Judicial power
1. Adjudicatory power (sec1) violations of such rights
2. Power of judicial review Determining the court jurisdiction to hear and decide controversies or disputes
o To pass upon validity/constitutionality of laws arising from legal rights
o Interpret
o To render judgment 3 limitations
3. Incidental power effectively discharge of judicial power
Limitation of Judicial power 1. Congress cannot diminish or impair the original and appellate jurisdiction of the
o Political question not within the province of the judiciary Supreme Court over cases enumerated in sec. 5 hereof
o Separation of power should not exercise any power not pertaining to 2. No law shall be passed reorganizing the judiciary
judicial functions 3. No law shall be passed increasing the appellate jurisdiction of the Supreme Court
o Advisory opinion is a function of executive officials without its advice and concurrence.

Advisory Opinion
A response to a legal issue posed in the
abstract advance of any case in which it may
be presented(issue raised does not
involve any conflict in law)
Binds no one
Not a judicial act
Declaratory relief Jurisdiction power and authority of a court to hear, try and decide a case.
Involves real parties with real conflicting legal
interest Sec. 3
- Minimal funding requirements of the judiciary must be met
A final judgment is forever binging on the - Automatically and regularly released to be financially independent
parties
Judicial act

Sec. 4 15 members 11
There is great abuse of discretion
Sitting procedure
 1. En banc quorum is 8 members; 5 votes are sufficient 3. The constitutional issues raised require formulation of
2. In division at least 3 votes of such member is required controlling principles to guide the bench, the bar and the
public
Division Member 4. The case is capable or repetition yet evasive review
5 3 Ripe a constitutional question is ripe for adjudication when the
3 5 governmental act being challenged has had a direct adverse effect
2 8 = 1 Chief Justice + 7 members on the individual challenging it.
2. Proper party must raise the constitutional question (locus standi) one
who has sustained or is in imminent danger of sustaining an injury as a
Cases must be heard en banc result of the act complained of.
Elements of standing
1. All cases involving the constitutionality of a treaty, international or executive 1. The petitioner must have suffered injury in fact which can
agreement, or law be legal, economic, or environmental
2. Cases involving the constitutionality, application, or operation of presidential 2. The injury must be traceable to the government act
decrees, proclamations, orders, instructions, ordinances, and other regulations challenged
3. Cases heard by a division when the required majority in the division is not obtained 3. The injury must be redressable by the remedy being
4. Cases where the Supreme Court modifies or reverses a doctrine or principle of law sought by petitioner.
previously laid down either en banc or in division Liberal approach on locus standi
5. Administrative cases where the vote is for the dismissal of a judge of a lower court 1. For taxpayers there must be a claim of illegal
or otherwise to discipline such a one disbursement of public funds or that the tax measure is
6. Election contests for President or Vice president unconstitutional
2. For voters there must be a showing of obvious interest
Sec. 5 + 6 in the validity of the election law in question
3. For concerned citizens there must be a showing that the
Powers of Supreme Court issue raised are of transcendental importance which must
be settled
1. Exercise original jurisdiction 4. For legislators there must be a claim that the official
2. Exercise appellate jurisdiction action complained of infringes their prerogatives as
3. Electoral tribunal for presidential and vice presidential contests legislators
4. Temporary assignment of judges 5. Government of the Philippines is a proper party to
5. Oder a change of venue or place of trial
question the validity of its own laws
6. Rule making power (5) 3 limitations
3. Constitutional question must be raised at the earliest opportunity
7. Power of appointment
General rule must be raised in the pleadings
8. Power of administrative supervision
9. Contempt powers Exceptions
1. Criminal cases at any time at the discretion of the court
2. Civil cases at any stage of the proceedings, if necessary
Power of judicial review power of the courts to test the validity of executive and legislative
for the determination of the case itself
acts in the light of their conformity with the Constitution. This is not an assertion of superiority
3. Every case (except where there is estoppels) at any
by the courts over the other departments, but merely an expression of the supremacy of the
stage if it involves the jurisdiction of the court
Constitution. 4. Constitutional question must be the very lis mota of the case to
doubt is to sustain. The constitutionality of a law will be sustained if the
Requisites of judicial review issue can be determined without having to decide its validity
1. Actual case or controversy - a conflict of legal rights, an assertion of Every law has in its favor the presumption of validity
opposite legal claims susceptible of judicial determination
Moot questions an action is considered moot when it no longer
presents a justiciable controversy because the issues involved have
become academic or dead. Court has nothing left to resolve. Effect of declaration of unconstitutionality
General rule courts will not decide moot and academic issues.
Exceptions 1. Void it is patently offensive to the Constitution. It produces no
1. There is a grave violation of the Constitution
effect, creates no office, and imposes no duty
2. There is an exceptional character of the situation and
2. Voidable the law becomes inoperative only upon the judicial
paramount public is involved.
declaration of its invalidity. The declaration produces no
retroactive effect.
 Requisites before the law can be declared partially unconstitutional justices of the citizen has been engaged in competence,
Supreme Court the practice of law in the integrity, probity,
1. The legislature must be willing to retain valid portion Presiding Philippines and
(separability clause) Justice and independence
2. The valid portion can stand independently as law Associate
Justices of the
Limitations on exercise of power of judicial review Court of
1. There must be a concurrence of at least a majority of the members who
Appeals
actually took part in the deliberation on the issue in the case and voted Regional Trial Citizen At least 35 Has been engaged for
thereon. Court judges at least 10 years in the
2. A law, etc. must be sustained unless clearly repugnant to the Constitution
practice of law in the
in view of the presumption of validity
Philippines or has held
3. The question of wisdom, propriety, or necessity of a law, etc. is not open
public office in the
to determination by the court
4. Political questions are generally addressed to the political branches of the Philippines requiring
government (Presidency and Congress) and are, therefore not justiciable. admission to the
practice of law as an
Justiciable question Political question indispensable requisite
Is one which affect personal or property Is one which, under the Constitution, is to be Metropolitan, At least 30 Has been engaged for
rights accorded to every member of the decided by the people in their sovereign Municipal and at least 5 years in the
community in cases properly brought before capacity, or in regard to which full Municipal circuit practice of law in the
the judicial tribunals. discretionary authority has been delegated to Trial Court Philippines or has held
the legislative or executive branch of Judges public office in the
Justiciability requirements government Philippines requiring
1. That there be an actual admission to the
controversy between or among the practice of law as an
parties to the dispute indispensable requisite
2. That the interest of the parties be
adverse
3. That the matter in controversy be Sec. 8
capable of being adjudicated by Judicial and bar council
judicial power
4. That the determination of the Composition 7 members with Congress allowed only one representative
controversy will result in practical o Ex-officio member
relief to the complainant Supreme Court Chief Justice ex-officio chairman
Secretary of Justice
Representative of Congress
Functions of Judicial review o 4 regular member shall be appointed by the President for a 4 year term with
1. Checking invalidating a law or executive act that is found to be the consent of the Commission on Appointments
contrary to the Constitution Representative of the Integrated Bar
2. Legitimating upholding the validity of the law that results from a mere Professor of law
dismissal of a case challenging the validity of the law Retired member of Supreme Court
3. Symbolic to educate the bench and bar as to the controlling principles Representative of private sector
and concepts on matters of grave public importance for the guidance and Clerk of the Supreme Court
restraint upon the future. Powers and functions submit a list of nominees to the judiciary
o Recommend appointees to the judiciary
Sec. 7 o Recommend appointees to the Office of the Ombudsman and his 5 deputies
o May exercise such other functions as may be assigned by the Supreme Court
Qualifications
Sec. 9
Citizenship Age
Chief Justice NATURAL- At least 40 15 years or more as a A person of For every vacancy the judicial and Bar Council submits to the President a list of at least 3
and associate BORN judge of a lower court or proven names
 President may not appoint anybody who is not in the list
If not satisfied, he may ask for another list
President is given 90 days from submission of the list within which to issue appointment
Sec. 10
Salary shall be fixed by law,
After Congress has fixed the compensation of any of them, it may not reduce the same
during his incumbency
There is no prohibition against increase in salary
Sec. 11
The members of the Supreme Court and Judges of lower courts shall hold office during
good behavior until they reach the age of 70 years or become incapacitated to discharge
the duties of their office
Members of the Supreme Court are removable only by impeachment because of
disorderly behavior by a vote of majority of the members who actually took part in the
deliberations on the issues in the case and voted thereon. (can order dismissal)
Good behavior is conduct authorized by law
Sec. 12
Reasons may be given for the prohibition
1. Such designation violates the doctrine of separation of powers between the judicial
and executive branches of the government
2. It may compromise the independence of the members in the performance of their
judicial functions
3. With so many cases pending courts, the practice will result in further delay in their
disposition.
Sec. 13
The conclusions shall be reached in consultation before the case is assigned to a
member for writing of the opinion of the Court.
In case of nonparticipation, dissent, or abstention
Non-participation or abstention He must state the reason for his non
participation or abstention
Dissent a recognition of the value of such opinion
Sec. 14
decision the final determination made by a court of the substantive issues brought for
resolution
no decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
(2) does not require a statement of facts but merely a statement of legal basis for
denying due course.
Sec. 15
(1) All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within
Supreme Court within 24 months
The Court of Appeals and other collegiate appellate courts within 12 months
unless reduced by the Supreme Court
Lower courts within 3 months unless reduced by the Supreme Court
If no decision state reason why a decision or resolution has not been rendered or issued
within the said period.
Failure to comply cans subject a Supreme Court Justice to impeachment for culpable violation
of the Constitution, and a lower court justice or judge to disciplinary action.
Sec. 16
The Supreme Court shall, within 30 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