Philippine constitution article 8 judicial department. Judicial Department (Article XIII, Philippine Constitution): Full Text » Philippine e 2022-10-24
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The Philippine Constitution, in Article 8 of its third part, which is dedicated to the Judicial Department, establishes the structure and powers of the country's judicial system.
According to this article, the judicial power is vested in a Supreme Court, in lower courts established by law, and in such other courts as may be provided for by law. The Supreme Court is composed of a Chief Justice and fourteen Associate Justices, all of whom must be natural-born citizens of the Philippines and at least forty years of age. They are appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. The Chief Justice is chosen by the President from among the members of the Supreme Court.
Article 8 also states that the Supreme Court has the power of judicial review, which means it has the authority to interpret the Constitution and to determine the constitutionality of any government act, law, executive order, or regulation. The Supreme Court also has the power to discipline judges of lower courts, as well as attorneys, and to admit and disbar them.
The lower courts, on the other hand, are composed of the Court of Appeals, the Regional Trial Courts, the Metropolitan Trial Courts, the Municipal Trial Courts, and the Municipal Circuit Trial Courts. These courts have jurisdiction over cases depending on their nature and the amount in controversy.
Article 8 also provides for the creation of specialized courts, such as the Sandiganbayan (for cases involving public officers), the Court of Tax Appeals, and the Shari'a courts (for cases involving Muslims).
In addition to its judicial powers, the Supreme Court also has administrative supervision over all courts and their personnel. It can prescribe rules of procedure for all courts, and it has the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, and the integration of the bar.
The judicial system in the Philippines, as outlined in Article 8 of the Constitution, is an independent and co-equal branch of government, with the Supreme Court at its head. Its powers and responsibilities are crucial in ensuring the rule of law and upholding the rights and freedoms of the people of the Philippines.
What is the composition of judicial branch in the Philippines?
The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. 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. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. The Judicial Branch holds the power and duty of courts of justices to interpret and apply the laws to contest or disputes concerning legally recognized rights or duties. The certification shall state why a decision or resolution has not been rendered or issued within said period.
The Judicial branch interprets the laws. Court of Tax Appeal- court which hold the cases related to tax b. How are judicial appointments made in the Philippines? Ang gayong mga alituntunin ay dapat magtakda ng payak at di magastos na pamamaraan para sa mabilis na pagpapasyal sa mga usapin maing magkakatulad sa lahat ng hukuman na magkakakaatas, at hindi magbabawas, magdaragdag, o magbabago ng mga karapatang makabuluhan. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc. Incidental Powers Adjudicatory Power The duty to settle actual controversies involving right which are legally demandable and enforceable Power of Judicial Review The power to pass upon the validity or constitutionality of the laws of the state and the acts of other departments Incidental Power The power necessary to the effective charge of the judicial functions such as the power to punish persons adjudged in contempt Classification of Courts Constitutional Courts Which is created and mandated by the constitution Collegiate Court Statutory Court Which are created by statutes by the laws.
The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. 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. Ang sweldo ng Punong Mahistrado at ng mga Kasamang Mahistrado ng Kataastaasang Hukuman, at ng mga hukom ng mga nakabababang hukuman ay dapat itakda ng batas. 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. Shariah Court- court which holds the cases of civil offenses related to Muslims. It may exercise such other functions and duties as the Supreme Court may assign to it. 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 the operations and activities of the Judiciary.
1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Such temporary assignment shall not exceed six months without the consent of the judge concerned. The Supreme Court shall provide in its annual budget the appropriations for the Council. 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 Supreme Court shall provide in its annual budget the appropriations for the Council. 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 the operations and activities of the Judiciary. Ang Kataastaasang Hukuman ay dapat maglaan sa taunang budget nito ng laang-gugulin para sa Council.
Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. ARTIKULO VIII ARTICLE VIII ANG KAGAWARANG PANGHUKUMAN JUDICIAL DEPARTMENT SEKSYON 1. Grounds for impeachment include conviction of culpable violation of the Philippine Constitution, treason, bribery, other high rimes, or graft and corruption. ARTICLE VIII JUDICIAL DEPARTMENT Section 1. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.
Summary of Philippine Constitution : Article 8 ~ Official Notes
Judicial power 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. 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. 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. It may sit en banc or in its discretion, in division of three, five, or seven Members. The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. Dapat masalalay ang kapangyarihang panghukuman sa isang Kataastaasang Hukuman at sa mga nakakababang hukuman na maaaring itatag ng batas Saklaw ng kapangyarihang panghukuman ang tungkulin ng mga hukuman ng katarungan na ayusin ang nangyayaring mga sigalot na kinakasangkutan ng mga karapatang nararapat hingin at ipatupad nang naaayon sa batas at pasyang kung mayroon o walang naganap na lubhang pagsasamantala sa direksyon na humantong sa kawalan o kalabisan sa hurisdiksyon sa panig ng alin mang sangay o instrumentalidad ng pamahalaan.
The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. Constitutional Court- the Supreme Court, the only Court mandated by the constitution to be created. 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. The 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. Judicial Review- reviewing of the validity of the laws 3. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines. 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.
Judicial Department (Article XIII, Philippine Constitution): Full Text » Philippine e
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. 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 the operations and activities of the Judiciary. Kapang hindi natamo ang kilankailangang bilang, ang usapin ay dapat pagpasyahan en banc, sa pasubali, na ang ano mang doktrina o simulain ng batas na inilagda ng Hukuman sa isang pasya na iginawad en banc o sa dibisyon ay hindi maaaring baguhin o baligtarin mabilan sa pagpapasya en banc ng Hukuman. 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. The same requirements shall be observed by all lower collegiate courts. At least 40 years of age 3.
