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.
1987 PHILIPPINE CONSTITUTION: ARTICLE VIII
Power of Judicial Review 3. What is the Official Journal of the Philippine Judicial Branch? Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. 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. Court of Tax Appeal- court which hold the cases related to tax b. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.
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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. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship. Article 8 - VIII - Judicial Department of the Philippines PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Its principal function is to screen prospective appointees to any judicial post. The Supreme Court en banc shall have the power of 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. 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. 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.
