Social Science 4 Introduction to the Judicial Branch It neither holds the purse nor wields the sword. The Judicial Branch in the exercise of its powers to adjudicate, it can declare any law passed by Congress or executive acts and decisions null and void if such law and acts are found by it to against the constitution. What is Judicial Power? Section 1: The Judicial Power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. First, judicial review is given only to the Supreme Court and such lower courts as maybe established by law. Second, there is only one Supreme Court, which is created by the constitution. Third, lower courts are created by law. Scope of Judicial Power Grave abuse of discretion amounting to lack or excess of jurisdiction means a capricious or whimsical application of judgment. It covers evasion of duty or the exercise of duty in an arbitrary or despotic manner. Justiciable controversies are those which imply a given right, legally demandable, and enforceable, an act or omission violative of that right, and a remedy granted or sanctioned, for the breach of right. It basically refers to matters of legally recognized rights (civil, personal, property rights) between persons, or between persons and the state. Scope of Judicial Power Political Questions are those which under the constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. This part refers to the expanded powers of the courts to subject through judicial review any decisions of governments which are political in nature. Independence of the Judiciary The Supreme Court is created by the constitution and therefore cannot be abolished nor its membership be changed by any law of Congress (Art. 8, sec. 4 (1). The appointment of the members of the judiciary is not subject to confirmation by the Commission on Appointments (Art. 8, Sec. 9) The appellate jurisdiction of the Supreme Court may not be increased by law without its advise and consent (Art. 6, Sec. 30) Independence of the Judiciary The Judiciary shall enjoy its fiscal autonomy (Art. 8, Sec. 3) Only the Supreme Court may order the temporary assignment of judges (Art. 8, Sec. 5 (3) The Supreme Court has the power alone to initiate rules of court. The Supreme Court has the sole power to appoint all officials and employees of the judiciary (Art. 8, Sec. 5 (6) Independence of the Judiciary The members of the Supreme Court can be removed only by impeachment (Art. IX, Sec. 2) The Supreme Court may not be deprived by the Congress of its jurisdiction over cases enumerated in the Constitution (Art. 8, Sec. 2) The Supreme Court has administrative supervision overall courts and their personnel (Art. 8, Sec. 6) Independence of the Judiciary The Supreme Court has exclusive power to discipline judges of lower courts (Art. 8, Sec. 11) The members of the Supreme Court and judges of lower courts have no fixed term by may continue to hold office during good behavior under they reached the age of seventy or become incapacitated to discharge their duties (Art. 8, Sec. 11) Independence of the Judiciary No law shall be passed reorganizing the judiciary that may undermined the security of tenure of its members (Art. 8, Sec. 2 (2) The members of the Supreme Court and other courts shall not be designated to any agency performing quasi-judicial or administrative functions (Art. 8, Sec. 12) The salaries of the members of the Supreme Court and the judges of lower courts may not be reduced during their continuance in office (Art. 8, Sec. 10) General Qualifications for the members of the Judiciary (Art. 7, Section 7) Must be a person of proven competence, integrity, probity (deep intellectual intelligence) and independence. This article also states that, No person shall be appointed Member of the Supreme Court or any collegiate court unless he is a natural-born citizen of the Philippines. A member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more of judge of a lower court or engaged in the practice of law in the Philippines. Appointments of the Members of the Judiciary (Art. 8, Sec. 9) The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issue the appointment within ninety days from the submission of list. Judicial and Bar Council (JBC) They are responsible for recommending to the President the appointees to the Judiciary (Art. 8, Sec. 8). The reason for the existence of JBC is to eliminate politics from the appointment of judges and justices. It is an innovation of the 1987 Constitution. As a replacement for judicial appointments, there is no need for the appointees to go though the Commission on Appointments. Composition of the Supreme Court (Art 8, Sec. 4) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven members. Any vacancy shall be filled within ninety days from the occurrence thereof. Specific Powers of the Supreme Court (Art. 8, Sec. 5) Exercise original jurisdiction over cases, affecting ambassadors, other public ministers, and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. Specific Powers of the Supreme Court (Art. 8, Sec. 5) b. All cases involving the legality of tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c. All cases in which the jurisdiction of any lower court is in issue. d. All criminal cases in which the penalty imposed is reclusion perpetua or higher. e. All cases in which only an error or question of law is involved.