Article VIII: Judiciary Department
Court of Tax Appeal- court which hold the cases related to tax
Judiciary- watch dog of the Legislative and Executive Department
Sec. 1. JUDICIAL POWER
1. Judicial power is the authority to settle justiciable controversies or
disputes involving rights that are enforceable and demandable before
the courts of justice or the redress of wrongs for violations of such
rights.
2. Vested in the Supreme Court and such lower courts as may be
established by law.
Scope:
Judicial Power
1. Adjudicatory power- power to use law to solve an issue and to
determine the abuses made.
2. Judicial Review- reviewing of the validity of the laws
3. Incidental Power- Judgement of contempt.
Judicial power includes:
1. The duty of the courts to settle actual controversies involving
rights which are legally demandable and enforceable; and
2. 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.
Kind of Offense
1. Criminal Case- an offense which affect the community such as
killings, massacre, and etc
2. Civil Case- an offense which affect two or more individual such
as failure to comply to a contract.
Classification of Court According to Origin
1. Constitutional Court- the Supreme Court, the only Court
mandated by the constitution to be created.
2. Statutory Curt- courts created by the law (Lower Court)
Classification of Court According to Case
1. Special Court- court which has a limited jurisdiction
a.
b.Sandigan Bayan- court which hold the cases related to graft and
corruption. Has 14 Associate Justices.
c. Court of Appeals- court on which hold the cases being appeal to be
rejudged.
d. Shariah Court- court which holds the cases of civil offenses related
to Muslims.
2. Regular Court- those court which handles those common
cases
Appointment of a Chief Justice/ associate justices
- A certain list of people must be submitted by the Judicial and
Bar Council to the President.
- The President will appoint the Justice but it cannot remove any
justice being appointed.
- Retirement age is 70 year old.
Sec. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and prescribing
remedies for violations of such rights; and
2. Determining the court with jurisdiction to hear and decide
controversies or disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion
the jurisdiction of various courts.
1. BUT, Congress cannot deprive the Supreme Court of its
jurisdiction over cases provided for in the Constitution.
2. Creation and abolition of courts:
1. The power to create courts implies the power to abolish
and even re-organize courts.
2. BUT this power cannot be exercised in a manner which
would undermine the security of tenure of the judiciary.
3. If the abolition/re-organization is done in good faith and
not for political or personal reasons, then it is VALID.
(same rule applies for civil servants)
Sec. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced
below the amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and
regularly released.

Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court and of other courts established
by law shall not be designated to any agency performing quasi-judicial
or administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law
in the Philippines
4. Person of proven competence, integrity, probity and
independence.
Qualifications of members of lower collegiate courts (CA, CTA,
Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.
Qualifications of judges of lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.
Section 8. JUDICIAL AND BAR COUNCIL
1. The Judicial and Bar Council is under the supervision of the SC.
A. Is under the supervision of the Supreme Court and is composed
of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: The last four re the regular members of the JBC. Regular
members are appointed by the President with CA approval. Regular
members serve for 4 years, with staggered terms.
B. Functions of JBC
1. Principal function: recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it.
C. Appointments to the Judiciary
1. President shall appoint from a list of at least 3 nominees for
each vacancy, as prepared by the JBC.
2. No CA confirmation is needed for appointments to the
Judiciary.
3. Vacancies in SC should be filled within 90 days from the
occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 days from
submission to the President of the JBC list.
Sec. 10. SALARIES
1. Salaries of SC Justices and judges of lower courts shall be fixed by
law.
2. Cannot be decreased during their continuance in office, but can be
increased.
3. Members of the Judiciary are NOT exempt from payment of
income tax.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
1. Members of the SC and judges of the lower courts hold office
during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges
of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who
took part in the deliberations and voted therein.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office. 6. order
7. instruction
Secs. 4-6, 13. THE SUPREME COURT 8. ordinance, or
9. regulation;
Cases required to be heard : b. All cases involving the legality of any
1. All cases involving constitutionality of a/an: 1. tax
a. Treaty 2. impost
b. International or executive agreement or 3. assessment or
c. Law. 4. toll or
2. All cases required to be heard en banc under the Rules of Court: 5. any penalty imposed in relation thereto;
a. Appeals from Sandiganbayan; and c. All cases in which the jurisdiction of any lower court is in issue
b. From the Constitutional Commissions d. Criminal cases where the penalty imposed is reclusion perpetua or
3. All cases involving the constitutionality, application or operation of higher; and
a. Presidential decrees e. All cases where ONLY errors or questions of law are involved.
b. Proclamations 3. Temporarily assign lower court judges to other stations in the
c. Orders public interest.
d. Instructions Note: Temporary assignment shall not exceed 6 months without the
e. Ordinances; and consent of the judge concerned.
f. Other regulations. 4. Order a change of venue or place of trial to avoid a miscarriage of
4. Cases heard by a division where required majority of 3 was not justice.
obtained. 5. Promulgate rules concerning:
5. Cases where SC modifies or reverses a doctrine or principle of law a. The protection and enforcement of constitutional rights;
laid down by the SC en banc or by a division. b. Pleading, practice and procedure in all courts;
6. Administrative cases to discipline or dismiss judges of lower c. Admission to the practice of law;
courts; and d. The Integrated Bar; and
7. Election contests for President and Vice-President. e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
Powers of the SC a. It should provide a simplified and inexpensive procedure for the
1. SC has ORIGINAL jurisdiction over speedy disposition of cases.
a. Cases affecting ambassadors, other public ministers and consuls. b. It should be uniform for all courts of the same grade.
Note: This refers to foreign ambassadors, etc., stationed in the c. It should not diminish, increase, or modify substantive rights.
Philippines. 6. Appoint ALL officials and employees of the Judiciary, in
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and accordance with Civil Service Law.
habeas corpus. 7. Exercise administrative supervision over ALL courts and the
2. SC has APPELLATE jurisdiction over final judgments and orders in personnel thereof.
the following:
a. All cases involving the constitutionality or validity of any Decisions of the Supreme Court:
1. treaty 1. Reached in consultation before being assigned to a member for the
2. international or executive agreement writing of the opinion.
3. law 2. A certification to this effect must be signed by the Chief Justice and
4. presidential decree attached to the record of the case and served upon the parties.
5. proclamation
3. Members of the SC who took no part, or who dissented or 3. Memorandum decisions, where the appellate court adopts the
abstained must state the reasons therefore. findings of fact and law of the lower court, are allowed as long as the
Note: This procedure shall also be observed by all lower collegiate decision adopted by reference is attached to the Memorandum for
courts (CA, CTA, and the Sandiganbayan). easy reference.
4. These rules only apply to courts. They do not apply to quasi-
JUDICIAL REVIEW judicial or administrative bodies nor to military tribunals.
Definition
1. Judicial Review is the power of the SC to declare a law, treaty,
ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review,
subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are
binding on all.

Requisites Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e.
the government act must have had an adverse effect on the person
challenging it.
3. The person challenging the governmental act must have
STANDING, i.e. a personal and substantial interest in the case such
that he has sustained, or will sustain, direct injury as a result of its
enforcement.
4. The question of Constitutionality must be raised in the first
instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the
very lis mota.

Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional, it is
considered as an operative fact which at that time had to be
complied with.
2. Thus, vested rights may have been acquired under such law
before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that
the law is unconstitutional.

Sec. 14. DECISIONS

1. Decisions MUST state clearly and distinctly the facts and the law
on which it is based.
2. Refusal to give due course to petitions for review and motions for
reconsideration must state the legal basis for such refusal.
ARTICLE IX THE CONSTITUTIONAL COMMISSIONS
Section 1. Constitutional Commissions
Independent Constitutional Commissions:
1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their integrity is
protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission promulgate its own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.
Section 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business,
which, in any way, may be affected by the functions of their office;
and
4) Be financially interested, direct or indirect, in any contract,
franchise, privilege granted by the government, any of its
subdivisions, agencies, instrumentalities, including GOCCs and their
subsidiaries.
Note: The Ombudsman and his deputies are subject to the same
qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their
TENURE.
2) Decreases in salaries only affect those members appointed AFTER
increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. RULES OF PROCEDURE
Procedures:
1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to
disapprove rules of special courts and quasi-judicial bodies.
b). In proceedings before the Commissions, the rules of the
Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL
REVIEW
Section 7. DECISION MAKING/APPEAL
Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of
all the members within 60 days from submission.
COMELEC may sit en banc or in 2 divisions.
Election cases, including pre-proclamation controversies are
decided in division, with motions for reconsideration filed to the
COMELEC en banc.
The SC has held that a majority decision decided by a division
of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and
no one member can decide a case for the entire commission. (i.e.
The Chairman cannot ratify a decision which would otherwise have
been void).
THE CIVIL SERVICE COMMISSION are policy-determining, primarily confidential, or highly
technical.
COMPOSITION/QUALIFICATIONS/TERM B. Non-competitive positions
1). No need for competitive examinations.
Composition: 2). 3 kinds
1) Chairman a) Policy-determining formulate a method of action for the
2) Commissioners 2 commissioners govt
b) Primarily confidential more than ordinary confidence; close
Qualifications: intimacy insures freedom of intercourse without betrayals of personal
1) Natural-born citizens of the Philippines; trust
2) At least 35 years old at the time of their appointments; c) Highly technical requires technical skill to a superior
3) With proven capacity for public administration; and degree.
4) NOT candidates for any elective position in the elections
immediately preceding their appointment. Tenure (Classification of Positions)
5) Appointees by the President to the CSC need Commission on Career Service Non-Career Service
Appointments (CA) confirmation 1. Entrance based on merit and 1. Entrance on bases OTHER
fitness to be determined as far than usual tests of merit and
Term: as practicable by competitive fitness.
1) Chairman -7 years; Commissioner1 5 yrs; Commissioner2 3 yrs examinations or based on
2) Limitation: single term only, no reappointment highly technical qualifications.
3) Appointment to vacancy: only for unexpired term of predecessor 2. Entitled to security of tenure 1. Tenure limited to:
4) No temporary appointments, or appointments in acting capacity. a) Period specified by law,
b) Coterminous with the
Section 2. Scope: appointing authority or subject to
The Civil Service embraces all: his pleasure, or
A. branches, c) Limited to the duration of a
B. subdivisions, particular project for which
C. instrumentalities, purpose the employment was
D. agencies of the government, made.
E. including GOCCs with original charters. 3. With opportunity for
1.With Original Charter means that the GOCC was created by advancement to higher career
special law/by Congress positions.
2. If incorporated under the Corporation Code, it does not fall within
the Civil Service, and is not subject to the CSC jurisdiction.
Security of Tenure:
3. Even if once government-controlled, then becomes privatized,
1) Officers or employees of the Civil Service cannot be removed or
ceases to fall under CSC.
suspended EXCEPT for cause provided by law. It guarantees both
4. Jurisdiction is determined as of the time of filing the complaint.
procedural and substantive due process.
2) For LEGAL CAUSE Cause is:
Appointments to civil service shall be:
a). related to and affects the administration of office, and
A. Competitive positions
b). must be substantial (directly affects the rights & interests of the
According to merit and fitness to be determined by competitive
public)
examinations, as far as practicable except to positions which
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so Section 8. COMPENSATION
long as confidence in them remains. 1) Prohibitions: applies to elected or appointed officers and
b). If there is GENUINE loss of confidence, there is no removal, but employees
the expiration of the term of office
c). Non-career service officers and employees do not enjoy security of Cannot receive:
tenure. A. Additional an extra reward given for the same office i.e. bonus
d). Political appointees in the foreign service possess tenure B. Double when an officer is given 2 sets of compensation for 2
coterminous with that of the appointing authority or subject to his different offices held concurrently by 1 officer
pleasure. C. Indirect Compensation

Sections 6-7. DISQUALIFICATION 2) EXCEPTION: Unless specifically authorized by law

A. SPECIFICALLY AUTHORIZED means a specific authority
Disqualifications particularly directed to the officer or employee concerned.
1) Losing candidates in any election B. BUT: per diems and allowances given as REIMBURSEMENT for
a). Cannot be appointed to any office in the government or GOCCs or expenses actually incurred are not prohibited
their subsidiaries. 3) Cannot accept any present, emolument, office, title of any kind from
b). Period of disqualification: One (1) year after such election. foreign governments UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double,
2) Elective officials or indirect compensation.
a). Not eligible for appointment or designation ANY CAPACITY to
ANY PUBLIC OFFICE or position during their tenure. THE COMMISSION ON ELECTIONS
b). EXCEPTION: May hold ex officio positions.
Examples: Composition: (7)
The Vice President may be appointed Cabinet member 1) Chairman and
Congressman may sit in the Judicial and Bar Council 2) Commissioners (6)
c). To be eligible to hold any other office, the elected official must first
resign his office Qualifications:
d). Even Congress cannot, by law, authorize the appointment of an 1) Natural-born citizens of the Philippines;
elective official. 2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
3). Appointive officials 4) Not candidates for any elective position in the immediately
a). Cannot hold any other office or employment in the government, preceding elections.
any subdivision, agency, instrumentality, including GOCCs and their 5) Majority of the Commission, including the Chairman must be:
subsidiaries. a). Members of the Philippines Bar
b). EXCEPTION: Unless otherwise allowed by law, or by the primary b). Engaged in the practice of law for at least 10 years: any activity in
functions of his position. or out of court, which requires the application of law, legal procedure,
c). This exception DOES NOT APPLY to Cabinet members, and those knowledge, training and experience.
officers mentioned in Art. VII, Sec. 13. They are governed by the 6) Appointments subject to CA approval
stricter prohibitions contained therein.
Term:
1) Chairman -7 yrs; 3 Members 7 yrs; 2 Members 5 yrs; 1 Member
3 yrs.
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of
predecessors term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent commissioner
as acting Chairman.
b). The choice of temporary chairman falls under the COMELECs
discretion.
Powers:
Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45
days of an election.
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the election period commences 90
days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important
legislative measures to the people ratification
4). Referendum: power of the electorate to approve or reject
legislation through an election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the
COMELEC. It may, however, compel it to provide space after paying
just compensation.
2). Power of COMELEC is over franchises and permits, NOT
individuals. For example, COMELEC may not regulate media
practitioners, for this would violate the freedom of expression.
Section 5. No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted by
the President without the favorable recommendation of the
Commission.
THE COMMISSION ON AUDIT
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPAs with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the
elections immediately preceding their appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner 2 -3 yrs.
2) LIMITATION: Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired
portion of predecessors term.
POWERS
1) The functions of COA can be classified as:
1. Examine and audit all forms of government revenues;
2. Examine and audit all forms of govt expenditures
3. Settle govt accounts
4. Promulgate accounting and auditing rules (including those for
the prevention of irregularexpenditures.
5. To decide administrative cases involving expenditures of
public funds.
NOTE: No law shall be passed exempting any entity of the
Government or its subsidiary in any guise whatever, or any
investment of public funds, from the jurisdiction of the
Commission on Audit.