A.

Jurisdictio
ARTICLE 8 JUDICIAL DEPARTMENT Section 2 The Congress shall have
n
the power to define, prescribe, and
apportion the jurisdiction of the various - Power
courts but may not deprive the to
Section 1 The judicial power shall be A. Where decide
Supreme Court of its jurisdiction over
vested in one Supreme Court and in vested or hear
cases enumerated in Section 5 thereof.
such lower courts as may be - In one the
established by law. No law shall be passed reorganizing the case.
Judiciary when it under-mines the
Judicial power includes the duty of the B. Scope
security of tenure of its Members.
courts of justice to settle actual 1. Power
controversies involving rights which to determine
are legally demandable and 2. Power to enforce its determination
enforceable, and to determine whether 3. Power to control the execution of its decision
or not there has been a grave abuse of
discretion amounting to lack or excess
of jurisdiction on the part of any branch
C. Role of Congress
or instrumentality of the Government.
- Power: the Congress shall have the power to define, prescribe,
Supreme Court and in such lower courts as may be and apportion the jurisdiction of the various courts
established by law - Limitations:
1. Congress may not deprive the SC of its jurisdiction over
B. Judicial Power cases enumerated in Sec. 5
- Includes the duty of the courts of justice to settle actual 2. No law shall e passed reorganizing the Judiciary when it
controversies involving rights which are legally demandable under-mines the security of tenure of its Members.
and enforceable. 3. The appellate jurisdiction of the SC may not be increased
- Duty to determine whether or ot there has been grave abuse of by law except upon its advice and concurrence.
discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentalities of the Government. In Mantruste Systems, Inc. v. CA, The SC held that the power to
C. Grave abuse clause define, prescribe and apportion the jurisdiction of the various courts
- Not every abuse of discretion can be the occasion for the Court belongs to the legislature, except that it may not deprive the
to come in by virtue of the sentence of Section 1. It must be Supreme Court of its jurisdiction over cases enumerated in Section
grave abuse of discretion amounting to lack or excess of 5, Article VIII of the Constitution (Sec. 2, Art. VIII, 1987
jurisdiction. Constitution).
- There is grave abuse of discretion: Courts may not substitute their judgement for that of the APT, nor
a. When act done contrary to the Constitution, the law, or block, by an injunction, the discharge of its functions and the
jurisprudence, or implementation of its decisions in connection with the acquisition,
b. It is executed whimsically, capriciously, arbitrarily out of sale or disposition of assets transferred to it.
malice, ill will o personal bias.

There can be no justification for judicial interference in the

business of an administrative agency, except when
1. it violates a citizen's constitutional rights,
 2. commits a grave abuse of discretion, Constitutional Commissions, and the Ombudsman must have the
3. acts in excess of, or without jurisdiction. independence and flexibility needed in the discharge of their constitutional
duties. The imposition of restrictions and constraints on the manner the
independent constitutional offices allocate and utilize the funds
appropriated for their operations is anathema to fiscal autonomy and
Section 3 The Judiciary shall enjoy violative not only of the express mandate of the Constitution but
In fiscal autonomy. Appropriations for the Bengzon v. Drilon, especially as regards the Supreme Court, of the independence and
The Judiciary may not be reduced by the Judiciary, separation of powers upon which the entire fabric of our constitutional
the Section
legislature 4
below (1)
the The SC
amount shall be system is based.
composed
appropriated for the of a Chief
previous year Justice
and, and
In this case, the veto of the specific provisions in the General Appropriations
fourteenshall
after approval, Associate Justices. It may sit
be automatically
Act is tantamount to dictating to the Judiciary how its funds should be
en banc
and regularly or, in its discretion, in divisions
released.
utilized, which is clearly repugnant to fiscal autonomy.
of three, five, or seven Members. Any
vacancy shall be filled within ninety
days from the occurrence thereof.

(2) All cases involving the

constitutionality of a treaty,
constitutionality of a treaty,
international or executive agreement, or Composition of the SC: Fifteen (15)
law, which shall be heard by the SC en - 1 Chief Justice
banc, and all other cases which under - 14 Associate Justices
the Rules of Court are required to be
By so fixing the number of members of the C, it seems logical to
heard en banc, including those
infer that no statute may validly increase or decrease it.
involving the constitutionality,
application or operation of presidential
decrees, proclamations, orders,
instructions, ordinances, and other Cases that MUST be heard en banc: ( T R P D M A E )
regulation, shall be decided with the 1. All cases involving constitutionality of a treaty, international
concurrence of a majority of Members or executive agreement, or law (Par. 2, Sec. 4 of Art. 8)
who actually took part in the ACRONYM T I E L
deliberations on the issues in the case 2. All cases under the Rules of Court are required to be heard
and voted thereon. en banc (Par. 2, Sec. 4 of Art. 8)
3. All cases involving the constitutionality, application, or
(3) Cases or matter heard by a division operation of presidential decrees, proclamations, orders,
shall be decided or resolved with the instructions, ordinances and other regulations. (Par. 2,
concurrence of a majority of the Sec. 4 of Art. 8)
Members who actually took part in the ACRONYM P2 O I O2
deliberations on the issues in the case 4. Cases heard by a division when the required majority in the
and voted thereon, and in no case, division is not obtained; (Par. 3, Sec 4 of Art 8)
without the concurrence of at least
three of such Members. When the
required number is not obtained, the
case shall be decided en banc:
Provided, that no doctrine or principle
of law laid down by the court in a
decision rendered en banc or in
division may be modified or reversed
except by the court sitting en banc.
 5. Cases where the SC modifies or reverses a doctrine or CASES are decided while MATTERS, including motions, are
principle of law previously laid down either en banc or in resolved
division. (Par. 3, Sec 4 of Art 8)
6. Administrative cases involving the discipline or dismissal of In Fortich v. Corona, on the basis of this distinction, only cases
judges of lower courts (Sec. 11) are referred to the Supreme Court en banc for decision
7. Election contests for President or Vice President (Sec 4 (7) of whenever the required number of votes is not obtained.
Art 7 )

Number of votes needed to decide a case heard en banc

Additional Notes:
- When the SC sits en banc cases are decided by the
concurrence of Majority of the members who actually took part
in the deliberations on the issues in the cases and voted
thereon. Whether or not the reorganization of divisions of the Court can
- Thus since a quorum in the SC is eight, the votes of at least be contested as regards its power to decide on a certain case.
five are need and are enough even if it is a question of - NO
constitutionality. - In Limtekai Sons Milling, Inc. v. CA, the reorganization (of
the three divisions) of the Court is purely an internal matter in
How many justices are need to constitute a quorum when he which the petitioner has no business at all. With its new
Court sits en banc and there are only fourteen justices in the membership, the Court is not obliged to follow blindly a
office? decision upholding a partys case when, after its re-
- In People v. Ebio, the court said that there should be eight. examination, the rectification appears proper and
necessary.
Divisions are not separate and distinct courts
- Actions considered in any of the divisions and decisions
rendered therein are, in effect by the same Tribunal decisions
or resolutions of a division of the court are not inferior to an en Whether the President can appoint a successor of Chief
banc decision. ( People v. Dy, 2003) Justice upon retirement even if within two months before the
next presidential elections. - YES
Decisions of a division, not appealable to an en banc In De Castro v. JBC, The prohibition under Art VII Sec. 15 of the
- Decisions or resolutions of a division of the court, when Constitution against presidential appointments immediately before
concurred in by majority of its members who actually took part the next presidential elections and up to the end of the term of the
in the deliberations on the issues of the case and voted
thereon is a decision or resolution of the SC. ( Firestone
Ceramics v. CA, 2000)

Where the required number cannot be obtained in a division of

three in deciding a case.
- Where the required number of votes is not obtained, there is
no decision. The only way to dispose of the case is to refer it to
the Court en banc.
 a. All cases in which the
constitutionality or validity
of any treaty, international
or executive agreement,
law, presidential decree,
proclamation, order,
instruction, ordinances, or
President does not apply to vacancies in the SC. Therefore, Sec. 4 regulation in question
or ART 8 will apply that any vacancy shall be fill within ninety days b. All cases involving the
from the occurrence thereof. legality of any tax, impost,
assessment, or toll or any
Whether the SC is allowed to create a Tribunal for election penalty imposed in relation
protests. YES thereto.
- In Macalintal v. PET, A plain reading of Article VII, Section 4, c. All cases in which the
paragraph 7, readily reveals a grant of authority to the jurisdiction of any lower
Supreme Court sitting en banc. court is in issue.
d. All criminal cases in which
In the same vein, although the method by which the Supreme the penalty imposed is
Court exercises this authority is not specified in the provision, reclusion perpetua or
the grant of power does not contain any limitation on the higher.
Supreme Court's exercise thereof. The Supreme Court's e. All cases in which only an
method of deciding presidential and vice-presidential election error or question of law is
contests, through the PET, is actually a derivative of the involved.
exercise of the prerogative conferred by the aforequoted 3. Assign temporarily judges of
constitutional provision. Thus, the subsequent directive in lower courts to other stations
the provision for the Supreme Court to "promulgate its rules for as public interest may require.
the purpose." Such temporary assignment
- The conferment of full authority to the Supreme Court, as a shall not exceed six months
PET, is equivalent to the full authority conferred upon the without the consent of the
electoral tribunals of the Senate and the House of judge concerned.
Representatives, i.e., the Senate Electoral Tribunal (SET) and 4. Order a change of venue or
the House of Representatives Electoral Tribunal (HRET), which place of trial to avoid
we have affirmed on numerous occasions. miscarriage of justice.
5. Promulgate rules concerning
the protection and enforcement
of constitutional rights,
Section 5 The SC shall have the pleading, practice, and
following powers: procedure in all court, the
(O R A V R A) What cases
admission to the practice of
may be law, the Integrated Bar, and
1. Exercise original jurisdiction filed
over cases affecting legal assistance to the
originally in underprivileged. Such rules
the ambassadors, other public SC?
ministers and consuls, and shall provide a simplified and
- Only
over petitions for certiorari, inexpensive procedure for the
petitions for
prohibition, mandamus, quo speedy disposition of cases,
certiorari,
warranto, and habeas corpus. shall be uniform for l courts of
prohibition,
the same grade, and shall not
2. Review, revise, modify or affirm mandamus,
diminish, increase, or modify
on appeal or certiorari, as the quo
substantive rights. Rules of
procedure of special courts
and quasi-judicial bodies shall
remain effective unless
disapproved by the SC.
6. Appoint all officials and
employees of the Judiciary in
 warranto, habeas corpus, disciplinary proceedings against - This is in line with the authority given by Congress to the courts
members of the judiciary and attorneys, and affecting to appoint officers lower in rank
ambassadors, other public ministers and consuls may be filed
originally in the SC.
Par. 3
- Bolsters independence of judiciary as it vests the power to
temporarily assign judges of inferiror courts directly in the SC Section 6 The SC shall have
- Purpose: to arrange for judges with clogged dockets to be administrative supervision over all
assisted by their less busy colegues, or to provide for the courts and the personnel thereof Who has
replacement of regular judge the power to
- Permanent transfer: cannot be effected without the consent of take administrative actions against judges and their
judge concerned personnel?
Par.4 - In Maceda v. Vasquez, It is only the SC that can oversee the
- The power to change venue is deemed to be an incidental and judges and court personnels compliance with all laws, and
inherent power of the Court. take proper administrative action against them if they commit
any violation thereof. No other branch of government may
Par. 5 intrude into this power, without running afoul of the doctrine of
Power to promulgate rules concerning: separation of powers.
1. The protection and enforcement of constitutional
rights Ombudsman and SCs power of supervision
2. Pleading, practice, and procedure in all courts - The Ombudsman may not initiate or investigate a criminal or
3. The admission to the practice of law administrative complaint before his office against a judge; the
4. The integrated bar Ombudsman must first indorse the case to the SC for
5. Legal assistance to the underprivileged appropriate action.
Limits on the SCs rule making power Power of administrative supervision includes:
1. Such rules shall provide a simplified and 1. To discipline judges of LC or
inexpensive procedure for the speedy disposition of 2. Order their dismissal
cases
2. They shall be uniform in all courts of the same grade
3. They shall not diminish, increase, or modify
substantive rights.

Rules to determine whether the rules diminish,

increase or modify substantive rights
1. If the rule takes away a vested right, it is a substantive
matter
2. If the rule creates a right, it may be a substantive
matter
3. If it operates as a means of implementing an existing
right, then the rule deals merely with procedure.
Par. 6
Section 7 (1) No person shall be Section 8 (1) A Judicial Bar Council is
appointed Member of the SC or any hereby created under the supervision Representa
lower collegiate court unless he is a of the SC composed of: tive from
natural-born citizen of the Philippines. Congress
A member of the SC must be at least - Chief Justice as Ex officio
forty years of age, and must have been Chairman
for 15 years or more a judge of a lower - The Secretary of Justice
- Representative of Congress as
court or engaged in the practice of law
in the Philippines. ex officio members
- Representative of the IBP
(2) The Congress shall prescribe the - Professor of law
qualifications of judges of lower courts, - Retired Member of the SC
but no person may be appointed judge - Representative from the private
thereof unless he is a citizen of the sector
Philippines and a member of the (2) The regular members of the
Philippine Bar. Council shall be appointed by the
Qualifications of a Member of the SC President for a term of 4 years with
1. Must be a natural-born citizen of the Philippines the consent of the Commission on
2. Must be at least 40 yrs. of age Appointments. Of the Members first
3. Must have been for 15 years or more a judge of a lower court appointed, the representative of the
or engaged in the practice of law in the Philippines, and Integrated Bar shall serve for four
4. A person of proven competence, integrity probity and years, the professor of law for three
independence. years, the retired Justice for two
years and the representative of the
Congress may not alter the qualification of Members of the SC and private sector for one year.
the constitutional qualification of other members of the judiciary. But
Congress may alter the statutory qualifications of judges and (3) The Clerk of the SC shall be the
justices of lower courts. Secretary ex officio of the Council
and shall keep a record of its
Additional Notes regariding natural-born citizen rule: proceedings.
- In Kilosbayan v. Ermita, administrative proceedings alone
(4) The regular Members of the
cannot change the significant entries in one's records, such as
Council shall receive emoluments
one's citizenship status in his/her birth certificate. The court
as may be determined by the SC.
decided that evidence to prove that Ong is indeed a natural
The SC shall provide in its annual
born citizen need to be heard before court to prove it. Until he
budget the appropriations for the
does otherwise, however, he is recognized as a naturalized
Council.
citizen.
(5) The Council shall have the
principal function of
recommending appointees to the
Judiciary. It may exercise such
other functions and duties as the
SC may assign it.
 - Such representative may come from either House. In practice,
the two houses now work out a way of sharing representation.
A member from each comes from both Houses but each have Section 9 The members of the SC and
only one vote. judges of lower courts shall be
appointed by the President from a list
Function of JBC (par. 5 Sec 8 of Art. 8) of at least three nominees prepared by
- JBCs principal function is to recommend to the President the JBC for every vacancy. Such
appointees to the Judiciary. It may exercise such other appointments need no confirmation.
functions and duties as the SC may assign it.
For the lower courts, the President The president may
JBC does not perform judicial or quasi-judicial function. shall issue the appointments within not appoint
ninety days from the submission of the anybody who is
What constitutes representative of Congress? list. not in the list
submitted by JBC.
- In Chavez v. JBC, The current practice of JBC in admitting two Judges may not be appointed in an acting capacity.
members of the Congress to perform the functions of the JBC - It should be noted that what the constitution authorizes the
is violative of the 1987 Constitution. President to do is to appoint Justices and judges and not
the authority merely to designate a non-member of the SC
It can be clearly and unambiguously discerned from Paragraph temporarily to sit as Justice of the SC.
1, Section 8, Article VIII of the 1987 Constitution that in the
phrase, a representative of Congress, the use of the singular The prohibition of the diminution of the salary of Justices and
letter a preceding representative of Congress is unequivocal judges
and leaves no room for any other construction. It is indicative Section 10 The salary of the Chief during their
of what the members of the Constitutional Commission had in Justice and of the Associate Justices of continuance
mind, that is, Congress may designate only one (1) the SC, and of judges of lower courts, in office is
representative to the JBC. Had it been the intention that more shall be fixed by law. During their intended as
than one (1) representative from the legislature would sit in the continuance in office, their salary shall a protection
JBC, the Framers could have, in no uncertain terms, so not be decreased. for the
provided.

It is clear, therefore, that the Constitution mandates that the

JBC be composed of seven (7) members only. Thus, any
inclusion of another member, whether with one whole vote or independence of the judiciary.
half (1/2) of it, goes against that mandate. Section 8(1), Article
VIII of the Constitution, providing Congress with an equal voice
with other members of the JBC in recommending appointees to
Does subjecting the salaries of judges prohibited under section 10?
the Judiciary is explicit.
- In Nitafan v. CIR, In the course of deliberations, it was made
clear that the salaries of members of the Judiciary would be
subject to general income tax does not fall within their
continuance in office. What is provided for by the constitution is
that salaries of judges may not be decreased during their
 continuance in office. They have a fix salary which may not position. It is in that sense that from the standpoint of strict law,
be subject to the whims and caprices of congress. But the the question of any impairment of security of tenure does not
salaries of the judges shall be subject to the general arise.
income tax as well as other members of the judiciary.

Section 11 The members of the SC The Section 12 The Members of the SC

and judges of lower courts shall hold members of and of other courts established by law
the office during good behavior until the SC are shall not be designed to any agency
reach the age of 70 years or become removable performing quasi-judicial or
incapacitated to discharge the duties of only by administrative functions.
their office. The SC en banc shall have
the power to discipline judges of lower
courts, or order their dismissal by a
vote of majority of the Members who
actually took part in the deliberations
The provision
on the issues in the case and voted
merely makes
thereon.
explicit an application of separation of powers.
impeachment. They can be said to have failed to satisfy the
requirement of good behavior only if they are guilty of the TASKS GIVEN TO SC OR MEMBERS OF SC BY CONSTI.
offenses which are constitutional grounds of impeachment. 1. SC en banc as Presidential Electoral Tribunal (Art.7 par. 4)
2. Chief Justice as presiding officer of the impeachment Court
Whether or not a judge can be validly removed by the when the President is in trial. (Art. 11)
3. Chief Justice as ex officio chairman of the JBC (Art. 8 par. 8
legislature by a statute - YES
(1))
4. Justices as
- In De la Llana v. Alba, The SC ruled the following way:
Section 13 The conclusions of the SC members of
Moreover, this Court is empowered to discipline judges of
in any case submitted to it for decision Electoral
inferior courts and, by a vote of at least eight members, order
en banc or in division shall be reached Tribunal
their dismissal. Thus it possesses the competence to remove
judges. Under the Judiciary Act, it was the President who was in consultation before the case is
vested with such power. Removal is, of course, to be assigned to a Member for the writing of
distinguished from termination by virtue of the abolition of the the opinion of the Court. A certification
office. There can be no tenure to a non-existent office. After the to this effect signed by the Chief
abolition, there is in law no occupant. In case of removal, there Justice shall be issued and a copy
is an office with an occupant who would thereby lose his thereof attached to the record of the
case and served upon the parties. Any
Member who took part, or dissented, or
abstained from a decision or resolution
must state the reason therefor. The
same requirements shall be observed
by all lower collegiate courts.