Judicial

Department
ARTICLE VIII

Judicial Power

The power and duty of courts of justice to interpret and to apply

the laws (including the Constitution) to contests or disputes
concerning legally organized rights or duties between private
persons or individual litigants, in cases properly brought before
judicial tribunals.

Scope of Judicial Power

1.

Adjudicatory Power

To settle actual controversies involving rights which are legally

demanded and enforceable.

To determine whether there have been a grave abuse of

discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the government.

2. Power of judicial review

To pass upon the validity or constitutionality of the laws of the

State and acts of other departments of the government.

To interpret them

To render binding judgments

3. Incidental Powers
It likewise includes the incidental powers necessary to the effective
discharge of the judicial functions such as the power to punish
persons adjudged in contempt

To whom is the power vested?

One Supreme Court and such lower courts as may be

established by law.

Hierarchy of Courts
1.

Supreme Court
-(Corte Suprema),the highest court in thePhilippines.

-presided over by a Chief Justice and is composed of fifteen (15)

Justices, including theChief Justice
2. a. Court Of Appeals
- second-highest judicial court
-reviews the decisions and orders of the Regional Trial Courts
nationwide

Hierarchy of Courts
2. b. Court Of Tax Appeals
-special court of limited jurisdiction, and has the same level with
theCourt of Appeals.
-has jurisdiction on civil tax cases, local tax cases, property taxes
and final collection of taxes
2. c. Sandiganbayan
-its rank is equivalent to Court of Appeals
-Special court
-Tries and decides criminal and civil cases against government
officials and employees accused of graft and corruption and similar
other offenses.

Hierarchy Of Courts
3. Regional Trial Courts
-Court of First Instance/ Courts of general jurisdiction
-handle and decide the particular classes or kinds of cases
assigned to them by law
- Also handles cases which are not within the jurisdiction of
thecourts of the first level (Metropolitan Trial Courts)

Hierarchy of Courts
Metropolitan Trial Courts
- Municipal Trial Courts in the towns and cities in
the Metropolitan Manila area
4.

5. Municipal Trial Courts

- Trial Court in municipalities
6. Municipal Circuit Trial Courts
- Trial court that covers two or more
Municipalities

Section 12
Prohibition against designation to quasijudicial and/or administrative agencies
Reasons for the prohibition

1. Violates the doctrine of separation of

powers
2. May compromise the independence of the
members in performing their judicial
functions
3. The practice will result in further delay of
the pending cases in courts

Judicial Review
Section 1, Article VIII.
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.

Judicial review

is the power of the courts, ultimately of the Supreme Court, to

interpret the Constitution and to declare any legislative or
executive act invalid because it is in conflict with the
fundamental law.

is the power of a court to review a law or an official act of a

government employee or agent for constitutionality or for the
violation of basic principles of justice.

Requisites for Judicial Review

There must be an actual case or controversy.

The question of constitutionality must be raised by the proper

party.

The question of constitutionality must be raised at the earliest

opportunity

The decision of the constitutional question must be necessary to

the determination of the case itself.

Example:

The Philippine Truth Commission

On July 30, 2010, President Benigno Aquino Jr. set up the Philippine
Truth Commission to find out the truth about reports of large
scale graft and corruption in the previous government and to put
a closure to them by the filing of the appropriate cases against
those who were involved.

Justiciable vs.
Political Question

Justiciable Question

capable of being settled by law or by the action of a court

The courts have jurisdiction over these things, meaning they can
hold a trial and issue judgments.

Political Question

is to be decided by the people in their sovereign capacity, or in

regard to which full discretionary authority has been delegated to
the legislative or executive branch of the government.

are beyond the reach and jurisdiction of courts and are better
decided by the people using their sovereign rights and discretion.

Examples

Political

Who should win the election?

-the people decide

Justiciable

A cheating happens during the election.

-the court will decide whether there was cheating or not
because there are laws that determine it

JURISDICTION

What is Jurisdiction?

It is the power and authority of a court to hear try and decide a

case.

Kinds of Jurisdiction

According to Types of Cases Tried

General jurisdiction extends to all controversies which may be

brought before a court within the legal bounds of rights and
remedies( jurisdiction of the Regional Trial Courts)

Limited confined to particular cases and can be exercised only

under the circumstances prescribed by that statute( Court of Tax
Appeals)

According to Power of Review

Original exercised in the court at first instance. It may be exclusive

and concurrent

Appellate power and authority conferred upon a superior court to

re-hear and determine causes which have been tried in inferior
courts.

According to Extent of Exercise

Exclusive when it can try and decide a case which cannot be

presented before any court.

Concurrent exercise by different courts at the same time over the

same subject matter and within the same territory and wherein
litigants may in the first instance resort to one of them indifferently.

Criminal jurisdiction that which exists for the punishment of

crime

Civil that which exists when the subject matter is not of a

criminal nature ( e.g. collection of debt)

Who apportions it?

The power to define prescribe and apportion the jurisdiction of

various courts is vested by the Constitution in congress.

However

There are three limitations to the exercise of this power namely;

The congress cannot diminish or otherwise impair the original and

appellate jurisdiction of the Supreme Court over cases enumerated in
Section 5

No law shall be passed reorganizing the judiciary when it undermines

security of tenure guaranteed in Section 11

No law shall be passed increasing the appellate jurisdiction of the

Supreme Court without its advice and concurrence

Section 10

 The

salary of the Chief Justice and of the

Associate Justices of the Supreme Court
and of judges of lower courts shall be
fixed by law. During their continuance in
office their salary shall not be
decreased.

Prohibition of reduction

Until congress provide otherwise the initial annual salaries are;

Chief Justice Php 240 000
Associate Justice Php 204 000

But according to RA No. 4134( AN ACT FIXING THE SALARIES OF

CONSTITUTIONAL OFFICIALS..)
Chief Justice of SC Php 40 000
Associate Justices of Sc Php 32 000

*SC Supreme Court

After the congress fixed the compensation it may not reduce it

during the incumbency.

Purpose of Prohibition

Is not to benefit the judges but to attract good and competent

men to the bench and to promote their independence of action
and judgment.

There is no prohibition against increase in salary which may be

made effective immediately. (Art. XVIII)

The salaries are subject to payment of income tax.

Section 11

Importance of security of good tenure they shall hold office during

good behavior until they reach the age of 70 or become incapacitated
physically or mentally to discharge the duties of their office.

Good behavior is conducted authorized by law. Mere mistake or error

of judgment is not a breach of good behavior.

With reference to the members of the Supreme Court, it implies that they
have not committed any of the offenses which are ground for
impeachment.

As regards judges of lower courts, the determination by the Supreme

Court as to whether there has been a deviation or not from the
requirement of good behavior is conclusive since it alone has the power to
order their dismissal. Aside from the grounds for impeachment, judges
maybe removed from office for gross ignorance of the law, incompetence
and immorality.

Disciplining or dismissal of judges

of lower courts

The present constitution gives to the Supreme Court the power to

discipline judges of lower courts ( e.g. justices of Court of
Appeals).

By a vote of majority of the members who actually took part in

the deliberations it can order their dismissal.

Abolition of office this ruling does not apply to the judiciary.

Section 2 expressly provides that no law shall be passed
reorganizing the judiciary when it undermines the security of
tenure.

Fiscal autonomy of
the Judicial branch

Sec. 3
THE JUDICIARY SHALL ENJOY
FISCAL
AUTONOMY.
APPROPRIATIONS
FOR
THE
JUDICIARY MAY NOT BE REDUCED
BY THE LEGISLATURE BELOW THE
AMOUNT APPROPRIATED FOR
THE PREVIOUS YEAR AND, AFTER
APPROVAL,
SHALL
BE
AUTOMATICALLY AND REGULARLY
RELEASED.

THE JUDICIARY SHALL ENJOY

FISCAL AUTONOMY

The Constitution itself grants the Judiciary fiscal autonomy in the

handling of its budget and resources. Full autonomy, among
others, contemplates the guarantee of full flexibility in the
allocation and utilization of the Judiciarys resources, based on its
own determination of what it needs.

APPROPRIATIONS FOR THE

JUDICIARY MAY NOT BE REDUCED
BY THE LEGISLATURE BELOW THE
AMOUNT APPROPRIATED FOR THE
PREVIOUS YEAR

Appropriations for the judiciary may not be reduced

but they may be increased.

AND, AFTER APPROVAL, SHALL BE

AUTOMATICALLY AND REGULARLY
RELEASED

The administration of justice is financially

independent.

Article VIII Section 4

(1) The Supreme Court shall be composed of a Chief

Justice and fourteen Associate Justices. It may siten
bancor in its discretion, in division 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,

international or executive agreement, or law, which
shall be heard by the Supreme Courten banc, and all
other cases which under the Rules of Court are
required to be hearden banc, including those
involving the constitutionality, application, or
operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of
a majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon.

(3) Cases or matters heard by a division shall

be decided or resolved with the concurrence of
a majority of the Members who actually took
part in the deliberations on the issues in the
case and voted thereon, and in no case
without the concurrence of at least three of
such Members. When the required number is
not obtained, the case shall be decideden
banc:Provided, that no doctrine or principle of
law laid down by the court in a decision
rendereden bancor in division may be
modified or reversed except by the court
sittingen banc.

Composition of the
Supreme Court and its
Divisions
COMPOSITION
.

ONE (1) CHIEF JUSTICE

14 ASSOCIATE JUSTICES

APPOINTED BY THE PRESIDENT FROM A LIST OF

NOMINEES SUBMITTED BY THE JUDICIAL AND BAR
COUNCIL (JBC)

Chief Justice Maria Lourdes P. A.

Sereno
August 24,2012- Present

DIVISIONS
-On the basis of fifteen members, the number of
divisions will be five, composed of three members each;
three, composed of five members each; or two meeting
separately. In case of two divisions, there will be eight
members including the chief justice in one division, and
seven in the other.

Vacancies
.

Any vacancy shall be filled within ninety (90) days from the
occurrence thereof.

The president shall appoint from a list of three (3) nominees

presented by the JBC.

Cases to be heard or decided en

banc and vote required

All cases involving the constitutionality of a treaty,

international or executive agreement, or law (statute)
shall always be heard and decided by the Supreme
Court en banc.

All other cases including those involving the

constitutionality, application or operation of
presidential decrees, proclamations, orders,
instructions, ordinances and other regulations which
under the rules of court are required to be heard en
banc shall be decided with the concurrence also of the
number provided above.

In administrative cases where the decision is for the

dismissal of a judge for a lower court, the same majority
vote is necessary to order such dismissal.

Cases heard by a division shall be decided or resolved with

the concurrence likewise of the same majority of the
members who are at least three in number but if such
required number is not obtained, the case shall be decided
en banc.

Cases modifying or reversing a doctrine or principle of law

laid down by the Court in a decision rendered en banc or in
division shall be decided by the Court sitting en banc.

How does the Supreme

Court decide cases?
- MAJORITY OF THE MEMBERS WHO
TOOK PART IN THE DELIBERATION.
- WITHOUT THE CONCURRENCE OF AT
LEAST 3 OF SUCH MEMBERS.

Powers of the Supreme Court

1.

Exercise original jurisdiction over cases affecting ambassadors, other

public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus.

2. Review, revise , reverse, modify, or affirm on appeal or certiorari , as the law

or the Rules of court may provide, final judgements and orders of lower
courts.
3. Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed 6 months without
the consent of judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage

of justice.
5.

Promulgate rules concerning the protection and

enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme
Court.

6. (6) Appoint all officials and employees of the Judiciary in

accordance with the Civil Service Law.

Powers of the
Supreme Court
SECTION 5

Original Jurisdiction of Supreme Court

over cases affecting ambassadors, etc.

Diplomatic

Agents of
a Foreign Country
Privileges and
Immunities

Diplomatic Agents of a Foreign

Country
Ambassadors,

other public ministers and

consuls include all possible diplomatic agents
which any foreign power may accredit to another
state

They

refer to those of a foreign country and not

those of the Philippines.

the

original jurisdiction conferred is concurrent

with that of Regional Trial Courts whose decisions
may be appealed to the Supreme Court.

Privileges and Immunities

Ambassadors and other public ministers are exempt

from the jurisdiction of tribunals of the country to
which they are accredited.

They are considered extensions of the sovereignty of

the states which they represent based on international
law.

Only ambassadors and ministers are entitled to these

privileges and immunities. Consuls are not exempt
from the jurisdiction of the country they are
accredited.

Original Jurisdiction of Supreme Court

over petitions for Certiorari, etc.

The Supreme Court exercises original jurisdiction over

petitions for the issuance of writs of certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.

It has original and exclusive jurisdiction over petitions for

the issuance of writ of certiorari, prohibition, and
mandamus against the Court of Appeals.

The Supreme Court exercises original and exclusive

jurisdiction over all contests relating to the election,
returns, and qualifications of the President and VicePresident.

Certiorari (as a special civil

action)
It

is a writ issued from a superior court

requiring a lower court or a board, or officer
exercising judicial functions to transmit the
records of a case to the superior court for
purposes of review.

It

will lie when such tribunal has acted without

or in excess of its or his jurisdiction, or with
grave abuse of discretion, and appeal or any
other remedy is not available for the aggrieved
party.

Prohibition
It

is a writ by which a superior court commands a

lower court or a corporation, board or person
acting without or in excess of its or his jurisdiction,
or with grave abuse of discretion, to desist from
further proceedings in an action or matter.

It

will lie only when no appeal or any other remedy

is available to the aggrieved party.

It

is a negative remedy prohibiting the doing of a

certain act.

Mandamus
It

is an order issued by a superior court

commanding a lower court or a corporation,
board or person to perform a certain act which
it is its or his duty to do.

It

will lie only when no other remedy in the

ordinary course of law is available.

It

is an affirmative remedy ordering a certain

act to be done.

Quo Warranto
It

is an action by the government to

recover an office or franchise from
an individual or corporation
usurping or unlawfully holding it.

Exclusive Appellate Jurisdiction of

the Supreme Court
Cases

of Great Public Interest

Elevation of the Cases to
Supreme Court
Cases involving only an error or
question of law

Cases of Great Public Interest

The

exclusive appellate
jurisdiction of the Supreme
Court refers to cases of great
public interests or of serious
moment to individual rights.

Elevation of the Cases to

Supreme Court
The

only power which Congress may

exercise with respect to this jurisdiction
as thus provided is to determine whether
the elevation of cases from the lower
course should be done through appeal or
certiorari.

matter of procedure which may also be

determined by the Rules of Court itself.

By appeal
The

appellate court reviews all

the findings of law and or fact of
a lower court as in special
proceedings
Example: Adoption and Custody
of Minors

By certiorari (as a means of

elevating and appeal)
The

appellate or superior court can

review only questions or errors of
law decided or committed by a
lower court.
Example: Appeal from an order or
decision of the Court of Appeals

Question of Law
Involves

no examination of the probative

value of the evidence presented by the
parties or any of them in the lower court.
It is reviewable by the Supreme Court.

Example:

Constitutionality of a Law

Question of Fact

Cannot be reviewed by the Supreme Court on

certiorari

Based on the theory that the lower court which heard

the case, observed the demeanor of the witnesses or
otherwise acquired the acquaintance with the issues
and incidents thereof, is in a better position to pass
upon the question

Example: Whether or not a particular event has taken

place

Assignment of Judges of Lower

Courts to other Stations
Empowered

the executive department to

designate or transfer to another district a
judge appointed for a particular district, but
with the approval of the Supreme Court

Assignment

Temporary

Assignment

Permanent

Assignment

within the same region

Assignment Temporary

Temporary assignments of judges of lower courts may

be made only by the Supreme Court

Enhances independence of judiciary by eliminating

possible political influence in such assignments

Temporary assignment of a judge to another station

for a period longer than Six (6) months must be with
his consent accommodates the demand for such detail
when required by the exigencies of the service while
at the same time protecting the right of a judge to
permanency at the station

Assignment Permanent
A

permanent assignment can only be effected

with the consent of the judge concerned and
by the extension of a new appointment by the
President.

This

is because the judge enjoys security of

tenure and such transfer is tantamount to
removal from one office and an appointment
to a new office.

Assignment within the same

region
The

station of a judge is the place where he is

assigned by law to hold regular sessions.

regional trial court judge is appointed by

region.

He

may be assigned to any regional branch of

the court in the city or municipality within the
same region without the need of his consent
because of the whole region is his station.

Change of venue or place of trial

The Supreme Court can order a change of venue or place of trial

whenever the imperative of securing a fair and impartial trial or
of preventing a miscarriage of justice so demands.

The Supreme Court rely upon the general grant of judicial power,
the present Constitution expressly invests the Supreme Court
with the specific prerogative to transfer the place of hearing in
the interest of truth and justice.

Rule-making power of the

Supreme Court

The Supreme Court is vested by the Constitution with full

legislative authority to promulgate rule concerning the protection
and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. The
rules promulgated are called the Rules of Court

Protection and enforcement of

constitutional rights.

The Constitution recognize the evils of what has been termed as

compartmentalized justice whereby through unequal
application of the law, those who have power or influence are
favored to the detrimental of poor, ignorant or helpless litigants.

In Criminal persecution, the Constitution seeks to avoid the

conviction or punishment of an accused who may be innocent

Pleading

Is the act of presenting ones claim, answer, or arguments in

defense or prosecution of an action.

The term is used to refer any paper filed in court in connection

with a case before it.

Pleading are the written allegations made by parties to a case for

the purpose of presenting issues to be tried.

Practice of law

It is the doing or performing of services in a court of justice, in

any matter pending therein.

It includes legal advice and counsel and the preparation of legal

instruments and contracts although such matter may not be
pending in court.

Procedure

It refers to the method by which substantive right may be

enforced in court of justice.

The rules on court procedure promulgated by the Supreme Court

are embodied in the Revised Rules of Court of the Philippines.

Admission to the practice of law

or to the Bar

A person is said to be admitted to the Bar or is a member of the

Bar when is authorized by the Supreme Court to practice law in
the Philippines.

He/She is authorized if he/she has the necessary legal, moral and

educational qualifications, and the preparation or training in law
and has passed the required examination.

Integrated Bar

The official national unification of the entire lawyer population of

the Philippines in a single organization.

The membership and financial support of every attorney as

conditions sine qua non to the practice of law and the retention
of name in the Roll of attorneys of the Supreme Court.
a)To elevate

the standards of the legal professions;

b)To improve the administration of justice

c)To enable the bar to discharge its public responsibility more
effectively

Legislative assistance to the

underprivileged

Poor and uninformed litigants are entitled to legal assistance

from the government in defending or enforcing their rights to
redress the imbalance between the parties in civil and criminal
cases.

They are given lawyers, free of charge, to represent them and

are exempted from paying court fees.

The rules on legal assistance to the underpriviledged must assure

that free access to the courts and quasi-judicial bodies is not
denied to any person by reason of poverty.

Limitations on the rule-making

power of the Supreme Court.

Such rules shall provide a simplified and inexpensive procedure

for the speedy disposition of cases;

They shall be uniform for all courts of the same grade

They shall not diminish, increase, or modify substantive rights

Congress has the power to repeal, alter, or amend the rules

promulgated by the Supreme Court.

Substantive and procedural

law/rights distinguished

Substantive Law from Procedural Law

Substantive Rights from Procedural Rights

Substantive law

The part of the law which creates, defines, and regulate rights
concerning life, liberty, or property, or the powers of agencies or
instrumentalities for the administration of public affairs.

Ex. Civil code, Code of Commerce, Insurance code, Corporation

code, National Internal Revenue code, Revised Penal Code, and
the Constitution

Procedural laws (adjective or

remedial laws)

The part of the law which prescribes the method of enforcing

rights or obtaining redress for their violation

Adjective law in the Philippines is governed by the Rules of Court

promulgated by the Supreme Court and by special laws.
Including the rules relating to courts and their jurisdiction,
pleading, remedies, trial, and evidence.

Substantive rights

Rights which substantive law declares or rights concerning life,

liberty, or property.

Ex. Rights in Art. III

Procedural Rights

Refers to the remedies or means by which an aggrieved party,

whose rights have been violated, may bring his/her case to suit,
trial, and judgement.

Ex right of a party to appeal a decision of a lower court to a

higher court.

Appointment of officials and

employees.

The Supreme Court has the power to appoint all officials and
employees of the judiciary in accordance with the Civil Service
Law.

This authority is further enhances its independence as envisioned

by the constitution.

Once appointed, they shall be entitled to the protection of the

provisions of the constitution on Civil Service.

Article VIII. Section 6The Supreme Court shall have

administrative supervision over all courts and the personal
thereof.

The Supreme Court exercises administrative

supervision over all courts from the Court of
Appeals down to the lowest courts and the
personal thereof. The power of administrative
supervision of the Supreme Court extends to the
Sandiganbayan, a special court because Section 6
refers to all courts.

Qualifications of Justices of
Supreme Court and other Collegiate
court
He or she must be a natural-born citizen of the Philippines.
1.
2.

He or she must be at least forty (40) years of age.

3.

He or she must have. For fifteen (15) years or more, been a

judge of a lower court or engaged in the practice of law in the
Philippines. And

4.

He or she must be a person of proven competence, integrity,

probity, and independence.

Qualification of judges of lower

courts.
1.

Constitutional:
(a)He or she must be a citizen. He need not to be natural-born.
(b)He or she must be a member of Philippine Bar.
(c)He or she must be a person of proven competence, integrity,
probity and independence.

2. Statutory- Congress is given the authority to prescribe

additional
qualifications for judges of lower courts. The
statutory
qualifications are now provided for under a law
passed
by the defunct Batasang Pambansa.

ARTICLE VIII
Section 8
Section 9
OF THE PHILIPPINE
CONSTITUTION

Section 8
Paragraph

(1)

The Constitution provides for the composition of the JBC to include the
following:
1. Chief Justice as ex officio Chairman;
2. Representatives of the three branches of government as ex-officio
members (i.e., the Secretary of Justice, and a member from the
Legislature);
Regular Members
3. A representative of the Integrated Bar of the Philippines;
4. A professor of law;
5. A retired member of the Supreme Court;
6. A representative from the private sector.

Paragraph (2)
The regular members of the Council shall be
appointed by the President for a term of four years with
the consent of the Commission on Appointments. Of the
Members first appointed, the representative of the
Integrated Bar shall serve for four years, the
professor of law for three years, the retired Justice
for two years, and the representative of the private
sector for one year.

Paragraph (3)
The Clerk of the Supreme Court shall be the
Secretaryex officioof the Council and shall keep a
record of its proceedings.

Paragraph (4)
The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.

Paragraph (5)
The Council shall have the principal function of
recommending appointees to the Judiciary. It
may exercise such other functions and duties as
the Supreme Court may assign to it.

Section 9
Appointment of members of the
Supreme Court and judges of lower
courts.

Non-political process of selection and appointment.

The

appointing power is vested alone in the President.

List of at least three (3) nominees.

The

president shall appoint from a list of at least (3)

nominees prepared by JBC for every vacancy.

The

president shall issue the appointments within 90 days

from the submission of the list.

Judicial and Bar Council.

The Council conduct the requisite background check or

applications for position in the Judiciary.

Exclusive authority to recommend appointees to

judiciary.

TheConstitution mandates that members of the

Judiciary, and the Ombudsman and his Deputies must be
persons of proven competence, integrity, probity and
independence.

HOW SHOULD
DECISIONS OF
THE COURT BE
MADE AND
WHEN?

Article VIII, Section 13

The conclusions of the Supreme Court in any
case submitted to it for decision en banc or in
division shall be reached in consultation before
the case is assigned to a Member for the writing
of the opinion of the Court. A certification to this
effect signed by the Chief justice shall be issued
and a copy thereof attached to the record of the
case and served upon the parties. Any Member
who took no 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.

MAKING DECISIONS
1.

Decision must be reached in Consultation

2.

Certification of Compliance of the Consultation

3.

The case is assigned to a Member for the writing of the

opinion of the Court

4.

Intention of the Above Requirement

5.

Non-participation, Abstention, or Dissent in of a Justice in

Making the Decision

Article VIII, Section 14

No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the
law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefor.

Decision
-judgment made by a court after the presentation of the
respective positions of the parties upon a stipulation of
facts
1.

Statement of both Factual and Legal Bases

2.

Reason for Requirement

3.

Legal Basis Only

Article VIII, Section 15

1.

Maximum Period in Making Decisions

A case is considered submitted from the date of last Pleading,

Brief or Memorandum filed

Supreme Court- within 24 Months

Collegiate Courts- within 12 Months unless reduce by SC

Lower Courts- within 3 Months unless reduced by the

Supreme Court

2. No Decision is Made within the Period Given

3. Mandatory Limitations

Purpose

Consequence of Violations

Article VIII, Section 16

The Supreme Court shall, within thirty days from the opening
of each regular session of the Congress, submit to The president
and the Congress an annual report on operations and activities of
the Judiciary.

Submission of Report to the President and Congress will

let

both

Government

Branches

to

propose

or

take

legislative actions that will affect the administration of

justice including the determination of the Budget for the
Judiciary.