JUDICIAL

DEPARTME
NT
NEITHER PURSE NOR
SWORD

INDEPENDENCE OF THE JUDICIARY

SAFEGAURDS TO MAINTAIN INDEPENDENCE

1. CANNOT BE ABOLISHED NOR CHANGED BY

MERE LEGISLATION
2. MEMBERS ARE REMOVED BY
IMPEACHMENT
3. MAY NOT BE DEPRIVED OF JURISDICTION
AS MENTIONED IN ARTICLE VIII, SECTION
5, OF THE CONSTITUTION

INDEPENDENCE OF THE JUDICIARY

SAFEGAURDS TO MAINTAIN INDEPENDENCE
4. MAY NOT BE INCREASED BY LAW
WITHOUT ITS ADVICE AND
CONCURRENCE
5. APPOINTEES ARE NOMINATED BY
JUDICIAL AND BAR COUNCIL
6. ADMINISTRATIVE SUPERVISION OVER
ALL LOWER COURTS

INDEPENDENCE OF THE JUDICIARY

SAFEGAURDS TO MAINTAIN INDEPENDENCE
7. EXCLUSIVE POWER TO DISCIPLINE JUDGES
OF THE LOWER COURTS
8. SECURITY OF TENURE
9. SHALL NOT BE DESIGNATED TO ANY
AGENCY PERFORMING QUASI-JUDICIAL OR
ADMINISTRATIVE FUNCTIONS

INDEPENDENCE OF THE JUDICIARY

SAFEGAURDS TO MAINTAIN
INDEPENDENCE
10. SALARIES MAY NOT BE REDUCED
DURING THEIR CONTINUANCE IN OFFICE
11. ENJOY FISCAL AUTONOMY
12. RULES OF COURT
13. TEMPORARY DETAIL OF JUDGES
14. CAN APPOINT ALL OFFICIALS AND
EMPLOYESS OF THE JUDICIARY

controversies
involving rights
and which are
legally
demandable and
enforceable

JUDICIAL
POWER

to determine
whether or not
there has been
grave abuse of
discretion
amounting to lack
or excess of
jurisdiction

ADJUDICATING POWER
-The power to settle legal
dispute

Scope of

JUDICIAL
POWER

POWER OF JUDICIAL
REVIEW
-Refers to the power of
the supreme court to
interpret and make
judgements with respect
to the law
INCIDENTAL POWERS
-Powers necessary for the
discharge of the judicial

JURISDICTION

Article VIII Section 2.

the congress shall have
the power to define,
prescribe, and apportion
the jurisdiction of the
various courts but may
not be deprive the
Supreme Court of its
jurisdiction over cases
enumerated in Section 5
hereof.

APPOINTMENTS

Article VIII Section 9. The

Members of the Supreme
Court and judges of the lower
courts shall be appointed by
the President from a list of at
least three nominees
prepared by the Judicial and
Bar Council for every
vacancy. Such appointments
need no confirmation.
For the lower courts, the
President shall issue the
appointments within ninety
days from the submission of
the list.

Every member of the

judiciary
APPOINTMENTS

QUALIFICATIONS

be a person of
proven
competence,
integrity,
probity, and
independence

APPOINTMENTS
QUALIFICATIONS

1. By appointment
2. 40 years of age
3. Natural born citizen of the
Philippines
4. Judge or legal practitioner for
15 years

APPOINTMENTS The Judicial and Bar Council

TASKED WITH NOMINATING APPOINTEES TO THE

(SC
3)
COMPOSITION:
JUDICIARY

1.
2.
3.
4.
5.
6.

Chief Justice
Secretary of Justice
Representative from Congress
IBP Representative
Professor of Law
Private Sector Represenstative

APPOINTMENTS The Judicial and Bar

Council
Section 8. (1) A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court
composed of the Chief Justice asex officioChairman, the
Secretary of Justice, and a representative of the Congress
asex officioMembers, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme
Court, and a representative of the private sector.
(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.

APPOINTMENTS The Judicial and Bar

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