PH Consti

ARTICLE VIII
THE JUDICIAL DEPARTMENT

 Judicial Power shall be
be vested in one
Supreme Court and in
such lower courts as
may be established by
law
JUDICIAL POWER
power and duty of courts of justice to interpret and to
apply the laws (including the Constitution) to contests
or disputes concerning legally recognized rights or
duties between the State and private persons or
individuals, or between private persons or individual
litigants, in cases brought before the judicial tribunals
JURISDICTION
The power and authority of a court to hear, try,and
decide a case
CONSTITUTIONAL COURT
creation of the Constitution
SUPREME COURT as the highest court of the land, the

decisions of the Supreme Court are binding on all lower
tribunals
STATUTORY COURT
creations of law
LOWER COURTS including the Sandiganbayan
meaning courts below that of the Supreme Court

SCOPE OF JUDICIAL POWER
ADJUDICATORY POWER :
a) to settle actual controversies involving rights which
are legally demandable and enforceable
b) to determine whether there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or intrumentality of the
government
 POWER OF JUDICIAL REVIEW

a) to pass upon the validity or constitutionality of the
laws of the State and the acts of the other
departments of the government
b) to interpret them; and
c) to render binding judgments
INCIDENTAL POWERS
include the incidental powers necessary to the

effective discharge of the judicial functions such
as the power to punish persons adjudged in
contempt
ORGANIZATION OF COURTS
REGULAR COURTS
SUPREME COURT
69 headed by Presiding Judge which operates in 23 divisions each
COURT OF APPEALS comprising three members
720 Regional Trial Judges in each of the thirteen (13) regions of the
REGIONAL TRIAL COURT country
in each Metropolitan Area established by law

METROPOLITAN TRIAL COURT
in every city not forming part of a metropolitan area and in each of

MUNICIPAL TRIAL COURT the municipalities not comprised within a metropolitan area and a
municipal circuit
in each area defined as a municipal circuit comprising one or more

cities and/or one or more municipalities grouped together
according to law
MUNICIPAL CIRCUIT TRIAL COURT
SPECIAL COURTS
1. SANDIGANBAYAN
 14 Justices and a Presiding
Justice which operates in five
divisions each comprising
three (3) members
 special court that shall have
jurisdiction over civil and
criminal cases involving graft
and corruption practices and
such other offenses committed
by public officers and
employees in relation to their
offices as may be determined
by law
2. COURT OF TAX APPEAL
 5 Justices and a Presiding
Justice
 has exclusive appellate
jurisdiction to review on
appeal, among others,
decisions of the
Commissioner of Internal
Revenue involving internal
revenue taxes and
decisions of the
Commissioner of Customs
involving customs duties
JUDICIAL AND BAR COUNCIL
created under the supervision of the Supreme Court

composed of the CJ as ex officio Chairman, Secretary
of Justice, and representative of the Congress as ex
officio Member, a member of the Integrated Bar, a
professor of law, a retired Member of the Supreme
Court, and a representative of the private sector
**PRINCIPAL FUNCTION** recommend

appointees to the Judiciary
PERIOD TO DECIDE CASES
SUPREME COURT - all cases or matters must be

decided or resolved within 24 mos from the date of
submission
LOWER COLLEGIATE COURTS - 12 mos
LOWER COURTS - 3 mos

RULE MAKING POWER OF THE SUPREME COURT
1) Protection and enforcement of Constitutional Rights

2) Pleading -act of presenting one's claim, answer, or
arguments in defense or prosecution of an action
3) Practice of Law - includes legal advise and counsel and
the preparation of legal instruments and contracts
4) Procedure - refers to the method by which substantive
rights may be enforced in courts of justice
5) Integrated Bar - official national unification of the
entire lawyer population of the Philippines in a single
organization
6) Legal assistance to the underprivileged
ORDERS ISSUED BY THE COURT UPON PETITION
1. Writ of Habeas Corpus

 order issued by a court of competent
jurisdiction, directed to the person detaining
another, commanding him to produce the
body of the prisoner (one being detained) at a
designated time and place, and to show
sufficient cause for holding in custody the
individual so detained
2. Writ of Habeas Data
 gives an individual the right to find out
what information is being kept about him
and what use and for what purpose such
data are being collected
3. Writ of Amparo
 a special writ that prohibits respondents
(those required to answer or respond to the
complaint against them) from using the
defense of simple denial
Additional Sources:
http://ca.judiciary.gov.ph/
http://sb.judiciary.gov.ph/index.html
http://jbc.judiciary.gov.ph/

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ARTICLE VIII

THE JUDICIAL DEPARTMENT

creation of the Constitution

SUPREME COURT as the highest court of the land, the

LOWER COURTS including the Sandiganbayan

meaning courts below that of the Supreme Court

 POWER OF JUDICIAL REVIEW

include the incidental powers necessary to the

in each Metropolitan Area established by law

in every city not forming part of a metropolitan area and in each of

in each area defined as a municipal circuit comprising one or more

created under the supervision of the Supreme Court

**PRINCIPAL FUNCTION** recommend

SUPREME COURT - all cases or matters must be

LOWER COLLEGIATE COURTS - 12 mos

LOWER COURTS - 3 mos

1) Protection and enforcement of Constitutional Rights

1. Writ of Habeas Corpus

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PRINCIPAL FUNCTION recommend