The Judicial Department

Article VIII, 1987 Philippine Constitution

 “Neither purse nor sword”

“The lifeblood of every democratic

government is found in the strength of its
judicial system.”

“ours is a government of laws

and not of men.” Isagani A. Cruz
Philippine Political Law
PHILIPPINE
JUDICIAL
HIERARCHY
 Sequence of Presentation

01 Judicial Power 05 Rule Making power

Definition
06 No quasi-judicial and
02 The Supreme Court administrative work of judges
Composition, Mode of Sitting,
Appointments & Qualifications, 07 Manner of sitting and votes
Salary, Tenure, Removal, Fiscal required
Autonomy, and Jurisdiction
08 Requirements as to decisions
03 Congressional power over
jurisdiction of Supreme 09 Mandatory period for
Court deciding cases

04 Administrative powers 10 Report on the judiciary

What is Judicial Power?

"Judicial power includes the duty of the courts of

justice to settle actual controversies involving rights
which are legally demandable and enforceable and to
determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government."
Article VIII, Section 1
(1987 Philippine Constitution)
 Judicial Power
1. To settle actual controversies involving
rights which are legally demandable and
enforceable;

2. To determine whether or not there has been

a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
 Judicial Power
There can be no exercise of judicial power
unless:
 Real parties come to court for the
settlement of an actual controversy;

 The controversy is such that it can be

settled in a manner that binds the parties by
the application of existing laws.
 Judicial Power
What is abuse of discretion?
“By grave abuse of discretion is meant such capricious
and whimsical exercise of judgment as is equivalent to
lack of jurisdiction. The abuse of discretion must be
patent and gross as to amount to an evasion of positive
duty or a virtual refusal to perform a duty enjoined by
law, or to act at all in contemplation of law, as where
the power is exercised in an arbitrary and despotic
manner by reason of passion or hostility.”
(Sinon v. Civil Service Commission)
 Facts
Miranda This is a petition for a writ of prohibition with prayer for preliminary injunction assailing the
constitutionality of Republic Act No. 8528 converting the city of Santiago, Isabela from an
v. independent component city to a component city. Respondent provincial officials of Isabela
defended the constitutionality of R.A. No. 8528. They assailed the standing of petitioners to
Aguirre file the petition. They also contend that the petition raises a political question over which
Supreme Court lacks jurisdiction.
G.R. No. 133064
September 16, 1999 Issue
Whether or not the Supreme Court has jurisdiction over the matter?

Ruling
The plea that SC would back off from assuming jurisdiction over the petition on the ground
that it involves a political question has to be brushed aside. It has long lost its appeal
especially in light of Section 1 of Article VIII of the 1987 Constitution. The term "political
question" connotes what it means in ordinary parlance, namely, a question of policy. It refers
"to those questions which under the Constitution are to be decided by the people in their
sovereign capacity; or in regard to which full discretionary authority has been delegated to
the legislative or executive branch of the government." Petitioners claim that under Section
10, Article X of the 1987 Constitution they have a right to approve or disapprove R.A. No.
8528 in a plebiscite before it can be enforced. It ought to be self-evident that whether or not
petitioners have the said right is a legal not a political question. For whether or not laws
passed by Congress comply with the requirements of the Constitution pose questions that
this Court alone can decide.
 Political Question
1. A ‘political question’ is one the resolution of which has
been vested by the Constitution exclusively in either the
people, in the exercise of their sovereign capacity, or in
which full discretionary authority has been delegated to a
co-equal branch of the Government.

2. Thus, while courts can determine questions of legality

with respect to governmental action, they cannot review
government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the
Executive and Legislative Departments.
The Supreme Court
The Supreme Court
The judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law.

(Sec. 1, Article VIII, 1987 Phil Constitution)

*CIRCULAR NO. 2-89 February 7, 1989
Composition
1 Chief Justice and 14 Associate Justices
(Sec. 4, Article VIII, 1987 Phil Constitution)
Mode of Sitting
Supreme Court may
1) Sit en banc
2) Or, in its discretion, in
divisions of three, five, or
seven Members.

Any vacancy shall be filled within ninety days

from the occurrence thereof.
Appointment
The Members of the Supreme Court shall be
appointed by the President from a list of at
least three nominees prepared by the Judicial
and Bar Council for every vacancy, without
need of confirmation by the Commission on
Appointments.
(Sec. 9, Article VIII, 1987 Phil Constitution)
Qualifications
Members of the Supreme Court are required to
have proven competence, integrity, probity
and independence; they must be natural-born
citizens of the Philippines, at least forty years
old, with at least fifteen years of experience as
a judge of a lower court or law practice in the
Philippines.
(Sec. 7, Article VIII, 1987 Phil Constitution)
Salaries
1) Salaries of SC Justices and judges of lower
courts shall be fixed by law.

2) Cannot be decreased during their continuance

in office, but can be increased.

3) Members of the Judiciary are NOT exempt from

payment of income tax.
(Sec. 10, Article VIII, 1987 Phil Constitution)
Tenure
Members of the Supreme Court and judges of
the lower courts hold office during good
behavior until they reach

1) The age of 70 years old; or

2) They become incapacitated to discharge
their duties.
(Sec. 11, Article VIII, 1987 Phil Constitution)
Removal
Members of the Supreme Court may be removed:

1) Only by IMPEACHMENT.

2) Cannot be disbarred while they hold office.

(Sec. 3, Article XI, 1987 Phil Constitution)
(In Re Gonzales, 160 SCRA 771 (1988))
Fiscal Autonomy
1) The entire judiciary shall enjoy fiscal autonomy.
2) Annual appropriations for the judiciary cannot
be reduced below the amount appropriated for the
previous year.
3) Once approved, appropriations shall be
automatically and regularly released.
(Sec. 3, Article VIII, 1987 Phil Constitution)
Jurisdiction (Sec. 5, Article VIII, 1987 Phil Constitution)

1) Exercise over cases affecting ambassadors, other

public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto,
and habeas corpus. (Original Jurisdiction)

2) Review, revise, reverse, modify, or affirm, on

appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of the
lower courts in: (Appellate Jurisdiction)
Jurisdiction (Sec. 5, Article VIII, 1987 Phil Constitution)

 All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question;

 All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto;

 All cases in which the jurisdiction of any lower court is in issue;

 All criminal cases in which the penalty imposed is Reclusion Perpetua, or

higher;

 All cases in which only an error or question of law is involved;

Jurisdiction (Sec. 5, Article VIII, 1987 Phil Constitution)

3) Assign temporarily judges of lower courts to

other stations as public interest may require. Such
temporary assignments shall not exceed six months
without the consent of the judge concerned.

4) Order a change of venue or place of trial to avoid

a miscarriage of justice.
Power of Congress over jurisdiction of
Supreme Court (Sec. 2, Article VIII, 1987 Phil Constitution)

Congress has the power to create new courts and to

apportion jurisdiction among various courts.
However, in the exercise of this power Congress
may not impair the independence of the Judiciary.
Moreover, any reorganization of the judicial system
should be done in a manner which does not impair
security of tenure.
Administrative powers
(Sec. 5, Article VIII, 1987 Phil Constitution)

1) Supervision over all courts and the personnel thereof.

2) Temporarily assign judges to other stations as public
interest may require
3) Order a change of venue or place of trial to avoid
miscarriage of justice
4) Discipline of judges
5) Appointment of officials and employees of entire
judiciary, in accordance with Civil Service Law
Rule Making Power
(Sec. 5(5) Art. VIII, Sec. 14(2) Art. XII and Sec. 18(3) Art VII of 1987 Phil Constitution)

Supreme Court to promulgate RULES concerning:

1) The protection and enforcement of constitutional

rights;
2) Pleading, practice and procedure in all courts;
3) Admission to the practice of law;
4) The Integrated Bar;
5. Legal assistance to the underprivileged.
Rule Making Power, Limitations
1) It should provide a simplified and inexpensive
procedure for the speedy disposition of cases.

2) It should be uniform for all courts of the same

grade.

3) It should not diminish, increase, or modify

substantive rights.
No quasi-judicial and administrative work
of judges
(Sec. 12, Article VIII, 1987 Phil Constitution)

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.
 Facts
Judge Catalino Macaraig, Jr. was not able to assume the duties and
Garcia functions of a judge due to the fact that his Court Room can not be
v. properly established due to problems as to location and as to
appropriations to make his Court up and running. When Macaraig
Macaraig realized that it would be some time before he could actually preside
30 SCRA 106 (1969) over his court, he applied for an extended leave. He was formerly
from the DOJ. The Secretary of Justice, however, convinced
Macaraig to forego his leave and instead to assist the Secretary,
without being extended a formal detail, whenever he was not busy
attending to the needs of his court.
Issue
Can Judge Macaraig continue to perform in the DOJ while being a
judge?

Ruling
The Supreme Court ruled that this practice be discontinued. Under
Article VIII, Section 12 of the 1987 Constitution, there should be no
non-judicial work for judges.
Manner of sitting and votes required
(Sec. 4, Article VIII, 1987 Phil Constitution)
(Rule 56, Sec. 7 (1997 Rules on Civil Procedure)
(Rule 125, Sec. 3 (2000 Rules on Criminal Procedure)

Cases required to be heard en banc:

1. All cases involving constitutionality of a

a) Treaty
b) International or executive agreement
c) Law

2. All cases required to be heard en banc under the Rules of Court

a) Appeals from Sandiganbayan; and
b) From the Constitutional Commissions
Manner of sitting and votes required
Cases required to be heard en banc:

3. All cases involving the constitutionality, application or operation of

a) Presidential decrees
b) Proclamations
c) Orders
d) Instructions
e) Ordinances; and
f) Other regulations

4. Cases heard by a division where required majority of 3 was not

obtained.
Manner of sitting and votes required
(Sec. 4, Article VIII, 1987 Phil Constitution)
(Rule 56, Sec. 7 (1997 Rules on Civil Procedure)
(Rule 125, Sec. 3 (2000 Rules on Criminal Procedure)

Cases required to be heard en banc:

5. Cases where SC modifies or reverses a doctrine or principle of law

laid down by the SC en banc or by a division.

6. Administrative cases to discipline or dismiss judges of lower courts.

7. Election contests for President and Vice-President.

Manner of sitting and votes required
(Sec. 4, Article VIII, 1987 Phil Constitution)
(Rule 56, Sec. 7 (1997 Rules on Civil Procedure)
(Rule 125, Sec. 3 (2000 Rules on Criminal Procedure)

Cases heard by Division:

1. Must be decided with the concurrence of a majority of the

members who took part in the deliberations and voted thereon.

2. Majority vote in a division should be at least 3 members.

Manner of sitting and votes required
(Rule 56, Sec. 7 (1997 Rules on Civil Procedure)

Rule 56, Sec. 7 of Rules on Civil Procedure:

Section 7. Procedure if opinion is equally divided. — Where the

court en banc is equally divided in opinion, or the necessary
majority cannot be had, the case shall again be deliberated on,
and if after such deliberation no decision is reached, the
original action commenced in the court shall be dismissed, in
appealed cases, the judgment or order appealed from shall
stand affirmed; and on all incidental matters, the petition or
motion shall be denied.
Manner of sitting and votes required
(Rule 125, Sec. 3 (2000 Rules on Criminal Procedure)

Rule 125, Sec. 3 of Rules on Criminal Procedure:

Section 3. Decision if opinion is equally divided. — When the

Supreme Court en banc is equally divided in opinion or the
necessary majority cannot be had on whether to acquit the
appellant, the case shall again be deliberated upon and if no
decision is reached after re-deliberation, the judgment of
conviction of the lower court shall be reversed and the accused
acquitted.
Requirements as to Decisions
(Secs. 13-14, Article VIII, 1987 Phil Constitution)

1) Reached in consultation before being assigned to a member for the

writing of the Opinion.
2) A certification to this effect must be signed by the Chief Justice
and attached to the record of the case and served upon the parties.
3) Members of the SC who took no part, or who Dissented or
Abstained must state the reasons therefore.
4) Expressing therein clearly and distinctly the facts and the law on
which the decision is based.
5) 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 therefor.
Mandatory period for deciding cases
(Sec. 15, Article VIII, 1987 Phil Constitution)

All cases or matters filed must be decided or

resolved within 24 months from date of
submission for the Supreme Court, and, unless
reduced by the Supreme Court, 12 months for
all lower collegiate courts, and 3 months for
all other lower courts.
Report on the Judiciary
(Sec. 16, Article VIII, 1987 Phil Constitution)

The Supreme Court shall, within thirty (30)

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.
 Thanks!

Sources:
Political Law by Isagani A. Cruz
The 1987 Constitution of the Republic of the Philippines (A Commentary) by Joaquin G. Bernas, S.J.
Political Law Reviewer (Ateneo Central Bar Operations 2001)