THE

JUDI CI AL
DEPARTMENT
 Overview
 What is judicial power?
 What are the characteristics and

scope of judicial power?

 What is the Supreme Court and what

are its powers?

 What is the Judicial and Bar
Council?
 What happens when a court decision is

reached?
The Judicial Department
 Article VIII, Section 1: Judicial power will
be vested in the Supreme Court and all
lower courts
 Judicial power: the power to apply the
laws to contests or disputes concerning
legally recognized rights
 Loosely, the judiciary refers to the court
system
 Judicial Power
 Generally entails two activities:
1. Settling legal controversies

3. Determining whether there has

been grave abuse of discretion
amounting to lack or excess of
jurisdiction by any branch of
government
Scope of Judicial Power
 Adjudicating Power
 The power to settle legal disputes
 Power of Judicial Review
 Refers to the power of the Supreme Court
to interpret and make
judgments with respect to the law
 Incidental Powers
 Powers necessary for the discharge of the
judicial function
 The Supreme Court
 Composition
 1 Chief Justice and 14 Associate Justices
 Sits en banc or in divisions
 Qualifications
 By appointment
 40 years of age
 Natural born citizen
 Judge or legal practitioner for 15 years
Powers of the Supreme Court
 SC has jurisdiction over:
 Cases involving ambassadors and public
ministers
 Petitions for certiorari, mandamus, quo
warranto, prohibition & habeas corpus
 Review judgments of lower courts
 Cases involving constitutionality, legality of any
tax, reclusion perpetua and errors on
questions of law
Powers of the Supreme Court
 Assignment of judges to the lower
courts
 Order a change of venue for a trial

 Promulgate rules of court

 Appoint officials of the judiciary and

hire employees for the judicial branch

Judicial and Bar Council
 Tasked with nominating appointees
to the Judiciary
 Composition:
 Chief Justice
 Secretary of Justice

 Representative from Congress

 IBP Representative

 Prof. of law

 Private Sector Representative

 Rendering Court Decisions
 Once a decision is reached, a SC Justice
is assigned to write an opinion
 The opinion is certified by the Chief Justice
and served to the parties concerned
 Dissentions and abstentions must be
explained
 The opinion must explain facts of law