THE JUDICIAL DEPARTMENT

OverviewWhat is judicial power?What are the characteristics and scope of judicial power?What is the Supreme Court and what are its powers?What is the Judicial and Bar Council?What happens when a court decision is reached?

The Judicial DepartmentArticle VIII, Section 1: Judicial power will be vested in the Supreme Court and all lower courtsJudicial power: the power to apply the laws to contests or disputes concerning legally recognized rightsLoosely, the judiciary refers to the court system

Judicial PowerGenerally entails two activities:Settling legal controversies

Determining whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction by any branch of government

Scope of Judicial PowerAdjudicating PowerThe power to settle legal disputesPower of Judicial ReviewRefers to the power of the Supreme Court to interpret and make judgments with respect to the lawIncidental PowersPowers necessary for the discharge of the judicial function

The Supreme CourtComposition1 Chief Justice and 14 Associate JusticesSits en banc or in divisionsQualificationsBy appointment40 years of ageNatural born citizenJudge or legal practitioner for 15 years

Powers of the Supreme CourtSC has jurisdiction over:Cases involving ambassadors and public ministersPetitions for certiorari, mandamus, quo warranto, prohibition & habeas corpusReview judgments of lower courtsCases involving constitutionality, legality of any tax, reclusion perpetua and errors on questions of law

Powers of the Supreme CourtAssignment of judges to the lower courtsOrder a change of venue for a trialPromulgate rules of courtAppoint officials of the judiciary and hire employees for the judicial branch

Judicial and Bar CouncilTasked with nominating appointees to the Judiciary (SC 3)Composition:Chief JusticeSecretary of JusticeRepresentative from CongressIBP RepresentativeProf. of lawPrivate Sector Representative

Rendering Court DecisionsOnce a decision is reached, a SC Justice is assigned to write an opinionThe opinion is certified by the Chief Justice and served to the parties concerned Dissentions and abstentions must be explainedThe opinion must explain facts of law

There are three kinds of courts in the country:

SUPREME COURT The highest court of the landREGULAR COURT Appelate court, Regional Trial Court, etc.QUASI JUDICIAL BODIES NLRC, SEC, etc.

Each court has its own jurisdiction