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Section 1, Article VIII (10) [Art. VIII, Sec. 10] Secretary ex-officio (art. VIII, sec.

8[3])
(11) [Art. VIII, Sec. 3] Clerk of Court of the SC, who shall keep a
The judicial power shall be vested in one (12) [Art. VIII, Sec. 5(5)] record of its proceedings; not a member of
Supreme Court and in such lower courts as (13) [Art. VIII, Sec. 5(3)] the JBC.
may be established by law. (14) [Art. VIII, Sec. 5(6)]
Primary function: Recommend appointees
Judicial power includes the duty of the JUDICIAL RESTRAINT to the judiciary, May exercise such other
courts of justice to settle actual functions and duties as the SC may assign
controversies involving rights which are The judiciary will not interfere with its co- to it.
legally demandable and enforceable, and to equal branches when:
determine whether or not there has been a COMPOSITION OF THE SUPREME COURT
grave abuse of discretion amounting to lack (1) There is no showing of grave abuse of
or excess of jurisdiction on the part of any discretion (1) Chief Justice and 14 Associate
branch or instrumentality of the (2) The issue is a political question. Justices
Government. (2) May sit en banc or in divisions of
APPOINTMENTS TO THE JUDICIARY three, five, or seven Members
Judicial Review (3) Vacancy shall be filled within 90 days
from the occurrence thereof
FUNCTIONS OF JUDICIAL REVIEW
ORIGINAL AND APPELLATE JURISDICTION
(1) Checking
(2) Legitimating Original Jurisdiction [Art. VIII, sec. 5[1]]
(3) Symbolic
(1) Cases affecting ambassadors, other
Requisites public ministers and consuls
(2) Petition for certiorari
(1) Actual case or controversy (3) Petition for prohibition
(2) Locus Standi (4) Petition for mandamus
(3) Question raised at the earliest (5) Petition for quo warranto
opportunity (6) Petition for habeas corpus
(4) Lis mota of the case
SAFEGUARDS OF JUDICIAL
INDEPENDENCE
(1) [Art. VIII, Sec. 4]
(2) The members of the judiciary are not
subject to confirmation by the CA.
(3) [Art. IX, Sec. 2]
JUDICIAL AND BAR COUNCIL Composition
(4) [Art. VIII, Sec. 2]
Ex-officio members (art. VIII, sec. 8[1])
(5) [Art. VI, Sec. 30]
(6) [Art. VIII, Sec. 6.] (1) Chief Justice as ex-officio Chairman
(7) [Art. VIII, Sec. 11] (2) Secretary of Justice
(8) The members of the SC and all lower (3) One representative of Congress
courts have security of tenure, which (4) Representative of the Integrated Bar
cannot be undermined by a law (5) Professor of Law
reorganizing the judiciary. (6) Retired member of the SC
(9) [Art. VIII, Sec. 12] (7) Representative of private sector

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