Activity No. 5 1. The Constitution seeks to insure the independence of the judiciary by granting them fiscal autonomy.

With Fiscal Autonomy, appropriations for judiciary are not subject to reduction and are to be automatically and regularly released. The first rule means that appropriations cannot be reduced but may be increased so that at least, the minimal funding requirements of the judiciary will be met. The second means that after approval, the appropriations should be automatically and regularly released so that they would not have to plead to the President or budget officials for their release. 2. According to Article 8, Section 5, the Supreme Court is given the following powers: Original jurisdiction over cases affecting ambassadors, etc. Ambassadors, other public ministers and consuls include all possible diplomatic agents which an foreign power may accredit to another state. They refer to those of a foreign country not those of the Philippines. Ambassadors and other public ministers are exempt from the jurisdiction of tribunals of the country to which they are accredited. A consul is not exempt from criminal prosecution Original and jurisdiction of Supreme Court over petitions for issuance of the writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus. The Supreme Court exercises original jurisdiction over petitions for the issuance of writs mentioned above. It has original and exclusive jurisdiction over petitions for the issuance of writ of certiorari, prohibition and mandamus against the Court of Appeals. Exclusive appellate jurisdiction of the Supreme Court. This refers to cases of great public interest or of serious moment to individual rights. Assignment of judges of lower court to other stations Only the Supreme Court may make temporary assignments of judges of lower courts. This power enhances the independence of the judiciary by eliminating possible political influence in such assignments. If a permanent assignment is made, it can only be effected with the consent o the judge concerned and by the extension of a new appointment by the President. Change of venue or place of trial The Supreme can order a change of venue or place of trial whenever the

imperative of securing a fair and impartial trial or of preventing a miscarriage of justice s demands. Rule-making power of the Supreme Court The Supreme Court has the authority to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. Appointment of officials and employees The Supreme Court can appoint all officials and employees of the judiciary in accordance with the Civil Service Law.

3. To be a member of the Supreme Court or any lower collegiate court, there are qualifications to consider. For a member of the Supreme Court, he must be a natural-born citizen of the Philippines, at least 40 years old, for 15 years or more been a judge of a lower court or engaged in the practice of law in the Philippines and must be a proven person of competence, integrity, probity and independence. A member of lower collegiate courts must also be a naturalborn citizen. Congress as provided in Section 7(2) prescribes his qualifications. 4. A Judicial and Bar Council is created under supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice and a representative of the Congress as ex officio Member, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court and a representative of the private sector. The President appoints the regular members of the Council for a term of four years with the consent of the Commission on appointments. The Clerk of the Supreme Court should be the Secretary ex officio and keeps a record of the proceedings of the Council. The Council recommends appointees to the judiciary. 5. According to Sec.11, members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated. Good behavior is conduct authorized by law. 6. En Banc session refers to a session where the entire membership of the court will participate in the decision rather than the regular quorum. According to Art.8, Sec.13, the conclusions of the Supreme Court in any case submitted to it

for decision en banc or in division should be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. Then a certification of compliance signed by the Chief Justice is issued. 7. Decision is the judgment rendered by a court of justice or other competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case or upon a stipulation of facts upon which the disposition of the case is based. The different forms of decision are: Statement of both factual and legal bases- this means that every decision of the court should clearly and distinctly state the facts and the law on which it is based. Reason for requirement-courts should state the reasons upon which their decisions rest otherwise rights based upon them would not have any concrete and lasting evidence. Statement of legal basis only- it is sufficient for the court to state only the legal basis for its refusal to give them due course or for their denial to save time for the court.

8. By constitutional mandate, the various courts must be able to decide/resolve a case or matter submitted thereto within the following periods from the date of submission: Supreme Court- within 24 months 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.

A case is deemed submitted for decision from the date the last pleading memorandum is filed. The time limitations are intended to ease up the clogging of court dockets and to implement the right of party litigants to speedy justice. 9. According to Article 8 Section 16, the Supreme Court shall submit to the President an annual report on the operations and activities of the Judiciary within 30 days from the opening of each regular session of the Congress. The report and recommendations the Supreme Court would make will guide the President and Congress in proposing enactment of legislations affecting the court and administration of justice.