JUDICIAL POWER

Vince Torres
Qualifications

 Natural Born Citizen

 40 years old
 Member of the BAR
 Terms of office until 70/incapacitated/removed by impeachment OR quo
warranto
 At least 15 years Proven competence, Integrity, probity, and independence
JUDICIAL POWER

 The Judicial power is vested in the Supreme Court of the Philippines and
lower courts established by law/(Art. VIII, Sec. 1).
 The Supreme Court, Which has a Chief Justice as its head and 14 Associate
Justices, occupies the highest tier of judiciary.
Court Organization

 Lower Collegiate Courts: Court of Appeals,Court of Tax Appeals,

Sandiganbayan.
 Regular Courts: Court of Appeals, Regional Municipal Circuit Trial Courts.
 Muslim Courts: Sharia District Courts, Sharia Circuit Courts.
Locus Standi

 It is the Rights one who has sustained or is in imminent danger of sustaining

an injury as a result of the act complained of.
 The following must me present before a party may be declared to have Locus
Standi
1. The legal party/petitioner must have suffered an injury in fact which can be
legal, economic, environmental.
2. The injury of the party/petitioner must be traceable on the governmental act
challenged.
3. The injury of the party/petitioner must be redressable by the remedy being
sought by the party/petitioner.
Supreme Court Decision: En Banc

 As provided by the Constitution, the following shall be the cases to be heard

and decided by the Supreme Court EN BANC
A. All cases involving the constitutionality of a treaty, international or executive agreement, or law Cases involving the
constitutionality, applications or operation of presidential decrees, proclamations, orders, instruction, ordinances and other
regulations.

B. Cases heard by a division when the required majority in the division is not obtained.

C. Cases where the Supreme Court modifies or reverses a doctrine or principle of law previously laid down either en banc or in
division.

D. Administrative cases where the vote is for dismissal of a judge of a lower court of otherwise to discipline such.

E. Election contests for President and Vice-President

A. When the Chief Justice call for a special En Banc session among all m embers of the Supreme Court.
Supreme Court Decision: Division

 Division cases are decided or resolved with the concurrence of a majority of

the members of the En Banc who actually took part in the deliberations on
the issue and voted thereon, but in no case without the concurrence of at
least 3 such members.
 When required number is not obtained in the division, the case shall be
calendared and place in the agenda on En Banc and sane shall now be decided
en banc
Powers of the Supreme Court

 Exercise Original Jurisdiction – The Supreme Court is the only court who can exercise jurisdiction of theses cases.
a. Over the cases affecting ambassadors, public ministers and consults
b. Petitions for Certiorari, Prohibitions, Mandamus, Quo warranto and Habeas Corpus
c. Review the factual basis for the declaration of martial law or suspension of the privilege of writ of Habeas corpus

 Exercise appellate Jurisdiction – Supreme Court can entertain via appeal or petition for review any of the following
a. Final judgements and orders of lower courts in all cases in which the constitutionality or validity of any treat
international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation
in question.
b. All cases involving legality of any tax impost, assessments or toll or any penalty.
c. All cases in which jurisdiction of any lower court us in issue
d. All criminal cases in which the penalty imposed is Reclusion Perpetua or higher
e. All cases in which only a question of law involved.
Powers of the Supreme Court

 Presidential Electoral Tribunal - Electoral tribunal for President and Vice-

President Contests Sitting En Banc over all contests relating to the election,
returns, qualification of the President or Vice-President (Art.VII, Sec,497)
 Power to temporary assignments of judges of lower courts to other stations
as public interest may require.
 Power to Order a change of venue or place of trial to avoid miscarriage of
justice (sex 5(4), Art VIII)
 Rule-Making Power – Power to promulgate rules concerning protection and
enforcement of constitutional rights, pleadings, practice and procedures in all
courts.
Powers of the Supreme Court

 Power of appointment – Appoints all officials and employee of the judiciary in

accordance with the Civil Service Law.

 Power of Administrative Supervision – The Supreme Court has administrative

supervision over all courts and the personnel thereof.

 Contempt Powers – Certain information contained in the records of cases

before the Supreme Court is considered confidential and are expemt from
disclosure.
Judicial independence

 this principle means that our judiciary needs to be kept away from other
branches, the Executive and Legislative. That is, courts should not be subject
to improper influence, dictate or beggings or so many requests from the other
branches of the government, or from private or partisan interests, otherwise
the courts can not decide cases impartially without bias.
 The principle of Judicial independence must be observed at all times and
must be respected by all departments of the government.
Thank you