THE JUDICIAL DEPARTMENT

ARTICLE VIII
JUDICIAL POWER
- SHALL BE VESTED TO ONE SUPREME COURT AND IN SUCH LOWER COURTS AS MAY
BE ESTABLISHED BY LAW.
• SUPREME COURT- THE ONLY COURT CREATED BY THE CONSTITUTION
• STATUTORY COURTS – ARE COURTS CREATED BY LAW
• SUPREME COURT IS COMPOSED OF 1 CHIEF JUSTICE AND 14 ASSOCIATE JUSTICES.IT
MAY SIT EN BANC OR IN IT’S DISCRETION,IN DIVISIONS OF 3,5 OR 7 MEMBERS. THE
SUPREME COURT SHALL HAVE ADMINISTRATIVE SUPERVISION OVER ALL COURTS
AND THE PERSONNEL THEREOF.[INDEPENDENCE OF THE JUDICIARY]
• QUALIFICATIONS OF THE MEMBERS OF THE SUPREME COURT
1] NATURAL BORN CITIZEN
2]AT LEAST 40 YEARS OLD
3]MUST HAVE BEEN FOR 15 YRS. OR MORE A JUDGE OF A LOWER COURT OR
ENGAGED IN THE PRACTICE OF LAW IN THE PHILIPPINES
4]MUST BE A PERSON OF PROVEN COMPETENCE,INTEGRITY,PROBITY AND
INDEPENDENCE
COLLEGIATE COURTS
• COURTS COMPOSED OF TWO OR MORE JUSTICES
• QUALIFICATIONS OF THE JUSTICES OF COLLEGIATE COURTS
1]NATURAL BORN CITIZEN
2]MEMBER OF THE PHILIPPINE BAR
3] A PERSON OF PROVEN COMPETENCE ,INTEGRITY,PROBITY AND INDEPENDENCE
EXAMPLES OF COLLEGIATE COURTS ARE COURT OF APPEALS, COURT OF TAX APPEAL
AND THE SANDIGANBAYAN
• COURT OF APPEALS- CONSISTS OF 1 PRESIDING JUSTICE AND 68 ASSOCIATE JUSTICES
[23 DIVISIONS- 3 JUSTICES PER DIVISION]
• COURT OF TAX APPEAL- A SPECIAL COURT CONSISTS OF 1 PRESIDING JUSTICE AND 8
ASSOCIATE JUSTICES. IT HAS JURISDICTION OVER APPEALED TAX CASES.
• SANDIGANBAYAN-IS AN ANTI-GRAFT COURT THAT HAS JURISDICTION TO TRY PUBLIC
OFFICIALS WITH SALARY GRADE 27 AND ABOVE AND PRIVATE INDIVIDUALS
ALLEDGED TO BE IN CONSPIRACY WITH PUBLIC OFFICIALS IN COMMITTING GRAFT
AND CORRUPTION.
LOWER COURTS
• REGIONAL TRIAL COURTS ARE THE HIGHEST TRIAL COURTS AND HAS
ORIGINAL JURISDICTION OVER CRIMINAL CASES
• METROPOLITAN TRIAL COURTS ARE THE FIRST LEVEL COURTS IN
METROMANILA [MetTC]
• MUNICIPAL TRIAL COURTS IN CITIES [MTCC]- CITIES OUTSIDE METROPOLITAN
MANILA
• MUNICIPAL TRIAL COURTS [ MTC ] – COURTS COVERING ONE MUNICIPALITY
• MUNICIPAL CIRCUIT TRIAL COURTS-COURTS COVERING MULTIPLE
MUNICIPALITIES [ MCTC ]
QUALIFICATIONS OF THE JUDGES OF THE LOWER COURTS
1]CITIZEN OF THE PHILIPPINES
2] MEMBER OF THE PHILIPPINE BAR
3] A PERSON OF PROVEN COMPETENCE,INTEGRITY , PROBITY AND
INDEPENDENCE
SHARI’A COURTS
- SPECIAL COURTS FOR PROVINCES IN MINDANAO ENFORCING THE MUSLIM
CODE ON PERSONAL LAWS.
• JUDICIAL AND BAR COUNCIL [ JBC ] WAS CREATED TO AVOID ABUSE OF
POWER BY THE PRESIDENT IN APPOINTING MEMBERS OF THE JUDICIARY.
• IT SHALL NOMINATE AT LEAST 3 NOMINEES FO EVERY VACANCY FROM
WHICH THE PRESIDENT COULD ONLY CHOOSE. SUCH APPOINTMENTS NEED
NO CONFIRMATION.
• EX OFFICIO MEMBERS
1] CHIEF JUSTICE OF THE SUPREME COURT AS CHAIRMAN OF THE JBC
2]DOJ SECRETARY
3]A REPRESENTATIVE OF CONGRESS
*THE CLERK OF COURT OF THE SUPREME COURT IS THE EX OFFICIO SECRETARY
OF THE JBC
REGULAR MEMBERS
• A REPRESENTATIVE OF THE INTEGRATED BAR[4 YEARS]
• A PROFESSOR OF LAW[3 YEARS]
• A RETIRED MEMBER OF THE SUPREME COURT[2 YEARS]
• A REPRESENTATIVE OF THE PRIVATE SECTOR[ 1 YEAR]
ALL REGULAR MEMBERS ARE APPOINTED BY THE PRESIDENT WITH THE
CONSENT OF THE COMMISSION ON APPOINTMENTS