1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
ARTICLE VIII: JUDICIAL
DEPARTMENT
JUDICIARY
- The judicial system, also known as
the court system, interprets and
applies state laws, ensuring equal
justice and resolving disputes under
the separation of powers doctrine.
- It does not enforce the law but rather
interprets it and applies it to
individual cases.
- Consist of a court final appearance
together with lower courts;
1. Supreme Court
ARTICLE VIII: SECTION 1
- Judicial power is vested in one
Supreme Court and lower courts,
settling legal disputes, determining
abuse of discretion, applying laws,
and interpreting laws for enforceable
and binding outcomes.
JUDICIAL POWER
1. Adjudicatory Power
- Resolve rights controversies and
assess abuse of discretion.
- Legality of actions
- Lack of jurisdiction
- Lack of authority to act on
the matter in dispute.
2. Power of Judicial Review
- Interpret the law and make binding
judgments.
- Constitutionality of the laws.
- Constitutionality of no permit
no rally
3. Incidental Power
- Powers essential for the discharge of
their judiciary function
- Contempt of Court
- Subpoena
- Warrant of arrest
CLASSIFICATIONS OF COURT
1. Constitutional Court.
- The Supreme Court is a
constitutional court in the
sense of being a creation of
the Constitution.
2. Statutory Courts.
- referred to lower courts in the
Constitution, meaning courts
below that of the supreme
court.
3. 2 Kinds of Lower Court
- Regular Courts
- Special Courts
IMPORTANCE OF JUDICIARY
1. Confidence in the certain and even
administration of justice.
2. Preservation of the government.
3. Respect for the law and others.
ARTICLE VIII: SECTION 2
- Congress can define, prescribe, and
apportion court jurisdiction, but
cannot deprive Supreme Court of
cases; no law undermines tenure
security.
JURISDICTION OF COURTS
- Jurisdiction refers to court authority
for valid judgments, subject to
constitutional limitations.
1. General
2. Limited
3. Original
4. Appellate
5. Exclusive
6. Concurrent
7. Criminal
8. Civil
ARTICLE VIII: SECTION 3
- Judiciary enjoys fiscal autonomy,
cannot be reduced, and receives
automatic approval.
ARTICLE VIII: SECTION 4
(1) COMPOSITION OF THE
SUPREME COURT
- The Constitution provides that
membership in the Supreme Court
shall consist of fifteen (15)
members including the Chief
Justice.
- If ever there is a vacancy, it shall be
filled within ninety (90) days from
the occurrence of the said vacancy.
(2) All cases involving the
constitutionality of a treaty,
international or executive agreement,
or law which shall be heard by the
Supreme Court en banc, all other
cases which under the Rules of Court
are required to be heard en banc
including those involving the
constitutionality, application, or
operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations,
shall be decided with the
concurrence of a majority of the
Members who actually took part in
the deliberations on the issues in the
case and voted thereon.
(3) Cases or matters heard by a division
shall be decided or resolved with the
concurrence of a majority of the
Members who actually took part in
the deliberations on the issues in the
case and voted thereon, and in one
case, without the concurrence of at
least three of such Members. When
the required number is not obtained,
the case shall be decided en banc;
Provided, that no doctrine or
principle of law laid down by the
court in a decision rendered en banc
or in division may be modified or
reversed except by the court sitting
en banc.
WHAT IS EN BANC?
- Under Section 1, the Supreme
Court may decide whether or not
it will sit en banc (i.e., as one body
or as a whole) or in divisions of
three, five, or seven members.
- Due to the increase of cases
submitted before the Supreme
Court, it is probably necessary
that members will sit in divisions,
to increase perhaps its capacity in
disposing of cases pending before it.
ARTICLE VIII: SECTION 5
The Supreme Court shall have the following
powers:
Original Jurisdiction- Under international
law, diplomatic representatives are immune
and are not subject to the jurisdiction of the
court in receiving the state. In the principle
of international law, diplomatic
representatives are considered an extension
of the sovereignty of the state.
Appellate Jurisdiction- Congress through
legislation may provide the decision of
lower courts shall be final and no place for
appeal to the Supreme Court but this is not
absolute. An aggrieved party may, on appeal
or certiorari, question the judgment of a
lower court before the supreme court.
Temporary Assignment of the Judges-
The present Constitution gave sole authority
to the Supreme Court to temporarily assign
judges of inferior courts. This is to avoid
miscarrying the public interest, such as,
impartial decision of particular cases, and
transferring of judges that will suit the
motivations of the Chief Executive. (Under
the 1935 Constitution, the Executive
Department assigns judges to stations.)
Changes in the Place of Trial-The
Supreme Court may transfer the venue of
trial of criminal cases and every civil case.
Rule-making Power-The increase of cases
submitted before the Supreme Court may
cause delay. One possible way of solving
delays in the decisions of cases pending
before the Supreme Court is to set a rule on
decision of cases by division.
ARTICLE VIII: SECTION 6
- The Supreme Court shall have
administrative supervision over all
courts and the personnel thereof.
Judicial Review
The power of judicial review
pertains to the mandate of the courts to
decide on the validity of executive and
legislative acts in the light of their
conformity with the Constitution.
ARTICLE VIII: SECTION 7
1) Members of the Supreme Court must
be natural-born citizens of the
Philippines, at least 40 years old, and
have been a judge or practiced law in
the Philippines for 15+ years.
2) Judges of lower courts must be
citizens of the Philippines and
members of the Philippine Bar to be
appointed.
3) A Member of the Judiciary must be a
person of proven competence,
integrity, probity, and independence.
Qualifications of the Members of the
Judiciary
- Chief Justice and Associate Justice
of the Supreme Court
- Natural-born citizen;
- At least 40 years old; and
- Has been a judge or law
practitioner for at least 15
years or more.
- Presiding Justice and Associate
Justice of the Court of Appeals:
- Same qualifications as those
provided Justice of the
Supreme Court.
- Regional Trial Court Judges:
- Natural-born citizen;
- At least 35 years old; and
- Must have 10+ years of law
practice or public office
experience.
- Metropolitan, Municipal and
Municipal Circuit Trial Court
Judges:
- Natural-born citizen;
- At least 30 years old; and
- Must have 5+ years of law
practice or public office
experience.
ARTICLE VIII: SECTION 8
(1) The Supreme Court has created a
Judicial and Bar Council composed
of the Chief Justice as ex officio
Chairman, Secretary of Justice, and a
representative of the Congress as ex
officio Members, a representative of
the Integrated Bar, a professor of
law, a retired Member of the
Supreme Court, and a representative
of the private sector.
(2) Regular Members of the Council are
appointed by the President for 4
years with the consent of the
Commission on Appointments.
(a) The Representative of the
Integrated Bar - 4 years
 (b) The Professor of Law - 3
years
(c) The Retired Justice - 2 years
(d) The Representative of the
Private Sector - 1 year
(3) The Clerk of the Supreme Court is
responsible for keeping a record of
the Council's proceedings.
(4) The Regular Members of council
receive emoluments determined by
Supreme Court.
(a) The Supreme Court sets the
budget for the Council.
(5) The Council is responsible for
recommending appointees to the
Judiciary.
(a) The Supreme Court may
appoint other functions and
duties.
Principal Function and Composition of
the Judicial and Bar Council
● The judicial and Bar Council (JBC)
screens the nominations and
appointments to the judiciary
supervised by the SC,
○ the JBC is composed of the
Chief Justice as ex-officio
(by virtue of his office or
position as Chief Justice)
chair and
○ the Secretary of the
Department of Justice and a
representative of Congress as
ex-officio members.
○ The other members are a
representative of the
Integrated Bar of the
Philippines,
○ a professor of law, a retired
member of the Supreme
Court,
○ and a representative of the
private sector.
● Judicial appointments need no
confirmation from the CPA.
● (Note: CPA-Certified Public
Accountant, SC-Supreme Court,
JBC-Judicial Bar and Council)
ARTICLE VIII: SECTION 9
- The Members of the Supreme Court
and judges of the lower courts shall
be appointed by the President. (At
least 3 nominees recommended by
JBC)
- JBC - Judicial and Bar Council
- Appointments need no confirmation.
- Lower Courts- President shall issue
the appointments within 90 days
from the submission of the list.
NEW JUDICIAL
APPOINTMENTS
● Supreme Court
- 1 Chief Justice
- 14 Associate Justices
● Court of Appeals
- 1 Presiding Justice
- 68 Associate Justices
● Sandiganbayan
- 1 Presiding Justice
- 14 Associate Justices
● Court of Tax Appeals
- 1 Presiding Justice
- 8 Associate Justices
● Ombudsman
- 1 Over-all Deputy
- 1 Deputy each for
Luzon, Visayas, and
Mindanao
● Legal Education Board
- 1 Chairman
- 4 Regular Members
● Lower Courts
- Regional Trial Courts
ARTICLE VIII: SECTION 10
 - The salary of the Chief Justice and of
the Associate Justices of the
Supreme Court, and of judges of
lower courts, shall be fixed by law.
- During their continuance in office,
their salary shall not be decreased.
ARTICLE VIII: SECTION 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.
- The Supreme Court en banc shall
have the power to discipline judges
of lower courts, or order their
dismissal by a vote of a majority of
the Members who actually took part
in the deliberations on the issues in
the case and voted thereon.
ARTICLE VIII: SECTION 12
- The Members of the Supreme Court
and of other courts established by
law shall not be designated to any
agency performing quasi-judicial or
administrative functions.
Quasi-Judicial Agencies
- Agencies under the Executive
Department perform duties similar to
the Judicial Department.
- Make pronouncements and
judgments on certain issues. (e.g.
COMELEC, COA)
ARTICLE VIII: SECTION 13
- The conclusions of the Supreme
Court in any case submitted to it for
decision en banc or in division shall
be reached in consultation before the
case is assigned to a Member for the
writing of the opinion of the Court.
- A certification to this effect signed
by the Chief Justice shall be issued
and a copy thereof attached to the
record of the case and served upon
the parties.
ARTICLE VIII: SECTION 14
- No decision shall be rendered by any
court without expressing therein
clearly and distinctly the facts and
the law on which it is based
- No petition for review or motion for
reconsideration of a decision of the
court shall be refused due course or
denied without stating the legal basis
therefore.
ARTICLE VIII: SECTION 15
1. Constitution mandates resolution of
cases within 24 months, with lower
courts having 12-12 months unless
reduced.
2. Case submitted for decision or
resolution after filing final pleading,
brief, or memorandum required by
court rules.
3. A certification signed by the Chief of
Justice or presiding judge is issued
after the corresponding period ends,
stating why no decision or resolution
was rendered.
4. Court will resolve cases despite
mandatory period expiration without
prejudice, serving parties, and
certification stating unresolved
resolution.
Maximum Period for Rendition of
Decisions
- Courts must resolve cases within a
specified timeframe within the
following periods from the date of
submission:
1. Supreme Court - within
twenty-four (24) months
2. The Court of Appeals and
other collegiate appellate
courts - within twelve (12)
 months unless reduced by
Supreme Court; and
3. Lower Courts - within three
(3) months unless reduced by
the Supreme Court.

ARTICLE VIII: SECTION 16

- The Supreme Court shall, within
thirty 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.

Submission of Annual Report

- Supreme Court mandates an annual
report on Judiciary operations.
- President and Congress can guide
legislation affecting court
administration through reports or
recommendations.