ITL -- The Judicial Branch and Separation of Powers

Art. 8, 1987 Constitution (Judicial Department)

• Section 1

— The judicial power shall be vested in one Supreme Court and in lower courts as may be established by law.

— 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.

• Section 2

— The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5.

Hierarchy of Courts

1. Supreme Court

2. Other Collegial Courts

3. Trial Courts (RTC, Municipal Trial Court, etc)

Qualifications of Members of Supreme Court (Sec. 7)

• a natural-born citizen of the Philippines

• at least forty years of age

• must have been for 15 years or more, a judge of a lower court or engaged in the practice of law in the Philippines

• A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence

Composition of the Judicial Department (Section 4)

• The Supreme Court shall be composed of a Chief Justice and 14 Associate Justices.

Powers of the Supreme Court (Sec. 5)

• Exercise original jurisdiction over cases and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Appointments

• Section 9

The Members of the Supreme Court and judges of lower courts shall be appointed by the President

Separation of powers

To prevent the concentration of power and authority in one person or group that might lead to irreparable error or abuse

Checks and balances

Allows on department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments