Summary

Article 8
(Judiciary
Department)
Judiciary – watchdog of the legislature and
executive department

Judicial power consists of:

1. Adjudicatory power- power to use law to
solve an issue and to determine the abuses
made
2. Judicial review – reviewing of the validity of
laws
3. Incidental power- judgement of contempt
Kinds of Offense:
1. Criminal case- an offense which affect
the community such as killings, massacre
etc.
2. Civil case – an offense which affect two
or more individual such as failure to
comply to a contract
Classification of Court (according to origin):
1. Constitutional court – the Supreme court,
the only mandated by the constitution to
be created
2. Statutory court – courts created by the
law (Lower court)
Classification of Court (according to case):
1. Special court – court which has a limited
jurisdiction
A. Court of Tax Appeals – court which hold
the cases related to tax
B. Sandigan Bayan – court which hold the
cases related to graft and corruption;
has 14 associate justices
C. Court of Appeals – court on which hold
the cases being appeal to be rejudged
D. Shariah Court – court which holds the
cases of civil offenses related to Muslims

2. Regular courts – those courts which

handles those common cases
Composition of the Supreme court:
1. One Chief Justice
2. 14 Associate Justices
Qualification of a Chief Justice:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. Must have 15 years or more of being a judge
of the lower court or engaged in the
practice of law in the Philippines
4. Must have competence, integrity, probity
and independence
5. Must be a member of the Integrated Bar of
the Philippines
Appointment of a Chief Justice/associate
justices:
1. A certain list of people must be submitted by
the judicial and Bar Council to the President
2. The President will appoint the justice but it
cannot remove any justice being appointed

Note: retirement age is 70 years old…