ARTICLE 8-- JUDICIARY

Q: What is judicial power?

A: Includes the duty of the courts of justice to
settle actual controversies involving rights
which are legally demandable and
enforceable, and 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. (Sec. 1[2], Art. VIII)
 Q: In what body is it vested? A: It is
vested in one Supreme Court (SC)
and such lower courts as may be
established by law. (Sec. 1, Art. VIII)
 Q: What is the Principle of Stare Decisis?
A: A principle underlying the decision in one
case is deemed of imperative authority,
controlling the decisions of like cases in the
same court and in lower courts within the
same jurisdiction, unless and until the
decision in question is reversed or overruled
by a court of competent authority. (De Castro
v. JBC, G.R. No. 191002, Apr. 20, 2010)
 Q: Is the SC obliged to follow
precedents?
A: No. The Court, as the highest court of
the land, may be guided but is not
controlled by precedent.
Q: What are moot questions?
A: Questions whose answers cannot have any
practical legal effect or, in the nature of things,
cannot be enforced. (Baldo, Jr. v. COMELEC, G.R.
No. 176135, June 16, 2009)
Q: How are members of the judiciary
appointed?
A: The members of the judiciary are appointed
by the President of the Philippines from among
a list of at least three nominees prepared by the
Judicial and Bar Council (JBC) for every vacancy.
 What is the composition of the JBC?
The JBC is composed of:
Chief Justice, as exofficio chairman
Secretary of Justice, as an exofficio member
Representative of Congress, as an ex officio member
Representative of the Integrated Bar
A professor of law
A retired member of the SC
Private sector representative
 Q: What are the general
qualifications for appointments to
the judiciary?
Of proven competence, integrity,
probity and independence
 What are the qualifications for appointments to
the SC?

1. Natural born citizen of the Philippines;

2. At least 40 years of age;
3. A judge of a lower court or engaged in the
practice of law in the Philippines for 15 years or
more (Sec. 7 [1], Art. VIII)
 What are the qualifications for appointments
to lower courts?
A:
1. Citizen of the Philippines
2. Member of the Philippine Bar
Note: Congress may prescribe other
qualifications. (Sec. 7 [1] and [2], Art. VIII)
 Q: What are the cases that should be heard by the SC
en banc?
A:
1. All cases involving the constitutionality of a treaty,
international or executive agreement, or law;
2. All cases which under the Rules of Court may be
required to be heard en banc;
3. All cases involving the constitutionality, application
or operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other regulations;
 4. Cases heard by a division when the required
majority in the division is not obtained;
5. Cases where the SC modifies or reverses a
doctrine or principle of law previously laid
either en banc or in division;
6. Administrative cases involving the discipline
or dismissal of judges of lower courts;
7. Election contests for president or
vicepresident.
 Q:
What is the scope of the rule making power of the SC?
A:
Promulgate rules concerning:
1.The protection and enforcement of constitutional
rights
2.Pleadings, practice and procedure in all courts
3. Admission to the practice of law
4. The Integrated Bar
5. Legal assistance to the underprivileged
 What are the limitations on its rule making
power?
1. It should provide a simplified and
inexpensive procedure for the speedy
disposition of cases.
2. It should be uniform for all courts of the
same grade.
 Q: Who holds the power of disciplinary
action over judges of lower courts?
A:
1. Only the SC en banc has jurisdiction to
discipline or dismiss judges of lower courts.
2. Disciplinary action/dismissal majority vote
of the SC Justices who took part in the
deliberations and voted therein (Sec. 11, Art.
VIII)
 Q: Does the CSC have jurisdiction over an
employee of the judiciary for acts committed
while said employee was still in the executive
branch? A: No. Administrative jurisdiction
over a court employee belongs to the SC,
regardless of whether the offense was
committed before or after employment in the
Judiciary. (Ampong v. CSC, G.R. No. 167916,
Aug. 26, 2008)
 No law shall be passed increasing the
appellate jurisdiction of the SC as
provided in the Constitution without its
advice and concurrence. (Sec. 30, Art. VI)