L3: JUDICIARY BRANCH

Judicial Power

• ___ is vested in the Supreme Court and other lower courts

• It involves the duty to settle actual controversies involving rights which are demandable and enforceable

• Power to determine whether or not there has been a grave abuse of discretion among to a lack or excess of jurisdiction on the part of any branch or instrumentality of the government

Composition of the Supreme Court

• It is composed of 15 members, 1 Chief Justice, and 14 Associate Justices

• The Chief Justice of the Philippines or Punong Mahistrado ng Pilipinas presides over the Supreme Court of the Philippines and is the highest judicial office in the government of the Philippines

Court of Appeals

70 members (1 Presiding Justice, 69 Associate Justices)

Regional Trial Court

13 Judicial Regions

Metropolitan or Municipal Court

1 per municipality or ciry

Constitutional and Statutory

The qualifications for Members of the Judiciarys are both ___ and ___

Qualifications for the Supreme Court

• Natural born citizen

• Atleast 40 years old

• A judge of a lower court or engages in the practice of law in the Philippines at least 15 years

Qualifications for Other Courts

• Natural born citizen

• Member of the Philippine Bar

• Congress may prescribe other qualifications

Terms of Office

The members of the supreme court and judges of lower courts shall hold office until they reached 70 years old

The Judicial and Bar Council (JBC)

The primary purpose of which is to recommend appointees to the Judiciary

Trial, Review or Appellate, Special

Three Types of Court

Trial Court

Hear and decide cases

Review or Appellate Court

Review decisions of lower courts

Special Court

For specific purposes

Quasi-Judicial Agencies

• Bodies or agencies that exercise adjudicatory powers in certain types of controversies

• Some examples of these agencies are:

1. Commission on Elections

2. Civil Service Commission

3. Commission on Audit

4. Securities and Exchange Commission

5. Movie and Television Review and Classification Board

6. Professional Regulatory Commission

Quo Warranto, Prohibition

Petitions Filed in the Supreme Court

Quo Warranto

Action by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it

Prohibition

Order issued by a superior court on which it commands a lower court or a corporation, board, or person acting without or in excess of its jurisdiction to desist from further proceedings in action or matter

Powers of the Supreme Court

1. Hear and decide cases affecting ambassadors, other public ministers, and consuls.

2. Review final judgments and orders of lower courts (writ of certiorari) also known as judicial review.

3. All cases in which the constitutionality or validity of any treaty is in question.

4. All cases involving the legality of tax imposed.

5. All cases in which the jurisdiction of any lower court is issue.

6. All criminal cases in which the penalty imposed is reclusion perpetua or higher.

7. All cases in which only an error or question of law is involved.

8. Order a change of venue or place of trial.

9. Assign temporarily judges of lower courts to other stations as public interest may require (not more than 6 months) without the consent of the concerned judge.

10. Appoint all officials and employees of the judiciary in accordance with the civil service law (Section 5, Article 8).

11. Exercise administrative supervision over all courts and personnel thereof.

12. Acts as presidential electoral tribunal.