CONSTITUTIONAL SAFEGUARDS TO MAINTAIN
JUDICIAL INDEPENDENCE
1. The Supreme Court is a constitutional body and
cannot be abolished by mere legislation.
2.) The members of the Supreme court cannot be
removed except by impeachment.
3.) The Supreme Court cannot be deprived of its
minimum jurisdiction prescribed in Section 5, Article X
of the Constitution.
4.) The appellate jurisdiction of the Supreme Court
cannot be increased by law without its advice and
concurrence.
5.) Appointees to the Judiciary are nominated by the
Judicial and Bar Council and are not subject to
confirmation by the Commission on Appointments.
FISCAL AUTONOMY
Under Section 3, Article 8, the fiscal autonomy of the
Judiciary means that appropriations for the Judiciary may
not be reduced by the legislature below the amount
appropriated for the previous year and, after approval,
shall be automatically and regularly released.
Bengzon v. Drilon, the SC explained that fiscal
autonomy contemplates a guarantee of full flexibility to
allocate and utilize resources with the wisdom and
dispatch that the needs require. It recognizes the power
and authority to deny, assess, and collect fees, fix rates of
compensation not exceeding the highest rates authorized
by law for compensation and pay plans of the government
and allocate and disburse such sums as may be provided
by law or prescribed by it in the course of the discharge of
its functions.
CONSTITUTIONAL SAFEGUARDS TO MAINTAIN
JUDICIAL INDEPENDENCE
6.) The Supreme Court has administrative supervision
over all lower courts and their personnel.
7.) The Supreme Court has exclusive power to
discipline judges of lower courts.
8.) The Members of the Judiciary have security of
tenure, which cannot be undermined by a law
reorganizing the Judiciary.
9.) Members of the Judiciary cannot be designated to
any agency performing quasi-judicial or administrative
functions.
10.) The salaries of Members of the Judiciary cannot
be decreased during their continuance in office.
TWO (2) REQUISITES FOR THE JUDICIAL
REVIEW OF ADMINISTRATIVE
DECISION/ACTIONS
1. The administrative action has already been
fully completed and, therefore, is a final agency
action; and
2. All administrative remedies have been
exhausted.