[Codals] Article VIII - The Judicial Department Flashcards
SECTION 1 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
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.
Section 1, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 2 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 2. The Congress shall have the power to define, prescribe and apportion the jurisdiction of various courts but may not deprive the Supreme Court its jurisdiction over cases enumerated in Section 5 here of.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.
Section 2, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 3 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 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.
Section 3, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 4 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 4. (1) The Supreme Court shall be composed of a Chief Justie and fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days frmo 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 Court en banc, and all other cases which under the Rules of Court are required to be heard en 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 a case and votes 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 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.
Section 4, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 5 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 5. Text
Section 1, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 6 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 6. The Supreme Court shall have administrative functions over all courts and its personnel thereof.
Section 6, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 7 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 7. (1) No person shall be appointed Member of the Sipreme Court or any lower collegiate court unlesss he is a natural-born citizen of the Philippines. 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.
(2) The Congree shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philiipines and a Member of the Philippine bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.
Section 7, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 8 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 8. (1) A Judicial Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief of Justice as ex-officio Chairman, the Secretary of Justice, and a representative of the Congress as ex-officio Members, a representative of the Integreted 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 of Appoinments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, a the retired Justice for two years and the represetative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretray ex-officio of 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.
Section 8, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 9 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
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 nominiees 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.
Section 9, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 10 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 10. The salaries of the Chief of Justice, 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 salaries shall not be decreased.
Section 10, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 11 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reaches the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipine 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.
Section 11, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 12 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial functions or administrative functions.
Section 12, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 1 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 1. Text
Section 1, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 1 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 1. Text
Section 1, Article VIII - The Judicial Department, The 1987 Philippine Constitution
SECTION 1 of ARTICLE VIII - The Judicial Department
ARTICLE VIII - The Judicial Department
SECTION 1. Text
Section 1, Article VIII - The Judicial Department, The 1987 Philippine Constitution
