PPG Judiciary

SUMMARY PPG
JUDICIARY
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which is demandable and enforceable, and to determine whether or not there has been a grieve of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.
ASPECT OF JUDICIAL POWER:
a. Duty to settle actual controversy
b. Authority to determine if there is a grave abuse of discretion
Who exercises judicial Power?

Section 1, article VIII, states threat the judicial power is vested in one Supreme Court, and , second, to
other/lower courts as may be established by law. This means that the power to interpret and apply the
laws in actual controversies is given to, first, the supreme court, and, second, to other/lower courts.
Supreme Court and other Lower Courts. There could only be one Supreme Court, and its supremacy puts
finality to all legal disputes. The other courts are all lower than it, thus, they are referred as lower courts.
Lower courts are also called “statutory courts” because they are created by the act of congress. The only
Constitutional court is the Supreme Court, while statutory courts include the:
Regular courts created by the Judiciary Reorganization Law (as Amended)

Court of Appeals
Regional Trial Court
Metropolitan trial court
Municipal trial Court
Municipal Circuit trial Court
Special courts respectively created by P.D. No. 1606 and R.A. No. 1125 (as amended).
Sandiganbayan
Court of tax appeals
The judiciary and the judicial review

1. Meaning: The courts also have the power of judicial review or the power to test the validity or
constitutionality of the legislative and executive acts such as treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation. It
is an aspect of judicial power , in that, it is essentially derived from the duty of the court to settle
controversies between conflicting parties by applying the appropriate law .
2. Requisites. The requisites of judicial review are:
a. There must be an actual controversy
b. The question of constitutionality must be raised by the proper party
c. The question is raised at the earliest opportune time
d. The resolution of the constitutional question is in the main issue
3. Explanatory Example. Pedro is running for reelection for his third term as congressman.
However, the congress passed a law prohibiting reelection for the third term. Apparently, the
statute is in conflict with the constitution which allow the reelection of a congressman for his
third term.
Judicial Independence
1. The supreme court, as a constitutional body, cannot be abolished by law passed by the congress.
2. Members of the Supreme Court can only be removed through impeachment
3. The supreme Court cannot ba deprived of its minimum and appellate jurisdiction
4. The Supreme Court has administrative supervision over all inferior courts and personnel
5. It has exclusive power to discipline judge/justices of inferior courts
6. Members of the judiciary have security of tenure
7. Members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions
8. Salaries of judges may not be reduced
9. The judiciary enjoys fiscal autonomy
10. The Supreme Court alone can initiate the Rules of Court
11. It alone may order temporary detail of judges
12. It can appoint all officials and employees of the judiciary
Jurisdiction – is the power and authority of the court to hear and decide cases.
Role of the Congress – The courts have their respective jurisdiction. Each jurisdiction is defined,
prescribed, apportioned by the congress, except that the Supreme court whose jurisdiction, the
decisions of the courts are said to be null and void.
Kinds of jurisdiction. Jurisdiction could be “general or limited,” “original or appellate”, and exclusive or
concurrent.” On the one hand, a court has a general jurisdiction when it is empowered to hear and
decide all disputes filed before it except those falling in the jurisdiction of other courts; on the other
hand, a court is said to have a limited jurisdiction if it can hear and decide specific cases only. Example 0f
a court of general jurisdiction is the regional trial court, and example of a court of limited jurisdiction is
the Court of Tax Appeals. Moreover, a court has an original jurisdiction on the other hand, if it is
empowered to hear and decide cases filed for the first time, whereas a court has appellate jurisdiction,
on the other, if it can review a decision rendered by a lower court.
Qualification and tenure

a. He must be a natural-born citizen of the Philippines
b. At least forty years of age
c. Must have been a judge of a lower court or engaged in the practice of law in the Philippines for
fifteen years or more
d. Must be a person of proven competence, integrity, probity, and independence. The
qualifications of judges in lower courts shall be prescribed by congress, nut the qualifications
must include Philippine citizenship and membership in the Philippine bar.
Judicial and bar Council – is a constitutional body under the supervision of the Supreme Court that has
the principal function of recommending appointees to the judiciary.
Composition. The JBC is composed of seven members:

a. The Chief Justice as ex officio Chairman
b. The Secretary of Justice as an ex officio member
c. A representative of the congress as ex officio member
d. A representative of the integrated bar
e. A professor of law
f. A retired Member of the Supreme Court
g. A representative of the private sector
Powers of the Supreme Court
1. Its original jurisdiction
2. Its appellate jurisdiction
3. Power to temporarily assign judges
4. Power to change venue
5. Rule-making power
6. Power to appoint court personnel
7. Administrative supervision over lower courts
Original Jurisdiction means the authority to settle cases filed for the first time. Among the cases which
can be filed and settled for the first time in the supreme court are, first, cases affecting ambassadors,
other public ministers and consuls, and, second, petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
The first set of cases involves diplomatic agents, who under international law are considered
representatives of the states hwere they are nationals. An ambassador, being a representative or
extension of a sovereign State, has immunity from suits in the receiving state. The immunity is based on
the international law doctrine of state immunity and the equality of sovereign states.
The second set of cases involves special civil actions (certiorari, prohibition, mandamus, and quo
warranto) and a special proceeding (habeas corpus). The rules of court provide for their definition and
the manner of their filing.
a. Certiorari- is a special civil action which is filed by a person who is aggrieved by any tribunal,
board or officer exercising judicial or quasi-judicial functions that had acted without or in excess
of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no plain and speedy remedy in the ordinary course of law. Its purpose is
to invalidate a judgment rendered without or in excess of authority of jurisdiction.
b. Prohibition is a special civil action filed by a person aggrieved in the proceedings of any tribunal,
corporation, board , officer or person, whether exercising judicial, quasi-judicial or ministerial
functions, which proceedings are without or in excessof its or his jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction, and there’s no plain and speedy
remedy in the ordinary course of law. Its purpose is to stop a tribunal or person from further
engaging in proceedings done without or in excess of authority of jurisdiction.
c. Mandamus is a special civil action filed by a person aggrieved by any tribunal, corporation,
board, officer or person, who unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from office, trust, or station, or unlawfully excludes
another from the use and enjoyment of a right or office to which such other is entitled, there is
no plain, adequate, and speedy remedy in the ordinary course of law. Its purpose is to compel
the performance of a ministerial duty or duty mandated by law to be performed under certain
circumstances.
d. Quo Warranto is a special action instituted by the Philippine Government against a person,
public officer, or association which usurps, unlawfully holds, and intrudes into an office, position,
or franchise. Its purpose is to recover an office or position from a usurper or from an officer,
who has forfeited his office, and a franchise from a false corporation (one without legal
personality).
e. Habeas Corpus is a special proceeding the purpose of which is to grant speedy remedy for the
release of a person illegally confined or detained, or for the grant of rightful custody is withheld
or to whom it rightfully belongs.
Appellate Jurisdiction – refers to the authority to review decisions of a lower court. The Supreme
Court has appellate jurisdiction over final judgements and orders of lower courts in:
a. 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.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
c. All cases in which the jurisdiction of any lower courts is in issue
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher
e. All cases in which only an error or question of law is involved
Rule-Making Power.
a. The protection and enforcement of constitutional right
b. Pleading, practice, and procedure in all courts
c. The admission to the practice of law
d. The Integrated Bar of the Philippines
e. Legal assistance to the under-priviledge
Decisions of the Supreme Court

1. Consultation
2. Constitutional Requirements
3. Period for Rendering judgments

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SUMMARY PPG

Who exercises judicial Power?

Regular courts created by the Judiciary Reorganization Law (as Amended)

The judiciary and the judicial review

Qualification and tenure

Composition. The JBC is composed of seven members:

Decisions of the Supreme Court

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