JUDICIAL BRANCH

Sec.1(1), ART. VIII.POWER OF THE JUDICIARY. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established
by law.

Sec. 1(2), ART. VIII. EXPANDED POWER OF THE JUDICIARY. 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.

Judicial power – the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction. Hence, by
principle of separation of powers, courts may neither attempt to assume nor be compelled to perform non-judicial functions. It cannot be exercised if
there is no applicable law.

GRAVE ABUSE OF DISCRETION – is meant as such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. It must be
PATENT and GROSS as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation
of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility. (Sinon vs. Civil Service Commission)

Sec.2(1), ART. VIII. 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. – power of Congress to create new courts.

Sec.2(2), ART. VIII. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members

Sec. 2, ART. VIII. The Judiciary shall enjoy fiscal autonomy. (Second sentence is the definition of 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.

COMPOSITION OF THE SUPREME COURT – Sec. 4, ART. VIII

Congress cannot increase or decrease the composition of the Supreme Court

SUPREME COURT
COMPOSITION DECISION MAKING/VOTING RULE
1. Chief Justice EN BANC DIVISION
 2. 14 ASSOCIATE Justices

Sitting:

a. En banc;
b. In its discretions;
c. In divisions of 3, 5, or 7 members

Vacancy in the SC shall be filled within 90 days

from the occurrence thereof.
The Lower Courts a. Constitutionality of a treaty, Decision must with CONCURRENCE OF A
international or executive agreement or MAJORITY OF THE MEMBERS who actually
The following are the lower courts in the law; TOOK PART in the DELIBERATION on the ISSUES
Philippines: b. All other cases which the Rules of Court in the case and VOTED thereon. The
a. Court of Appeals are required to be heard en banc; CONCURRENCE MUST BE at LEAST 3 of the
b. Sandiganbayan c. Constitutionality, application, or MEMBERS.
c. Court of Tax Appeals operation of presidential decrees,
d. Regional Trial Courts proclamations, orders, instructions, When the required number is not obtained, the
e. Metropolitan Trial Courts ordinances, and other regulations; case shall be decided en banc: Provided, that
f. Municipal Trial Courts in Cities d. When the required number of voting in no doctrine or principle of law laid down by
g. Municipal Trial Courts a case heard by a division is not the court in a decision rendered en banc or in
h. Municipal Circuit Trial Courts obtained; division may be modified or reversed except
i. Shari'a District Courts e. In a criminal case with capital offense; by the court sitting en banc.
j. Shari'a Circuit Courts f. Cases where the SC modifies or reverse
a doctrine or principle of law previously
The Collegiate Courts laid down either en banc or in division;
g. Administrative cases involving the
The following are the collegiate courts in the discipline or dismissal of judges of
Philippines: lower courts (Section 11);
a. Supreme Court h. Election contests for President or Vice-
b. Court of Appeals President.
c. Sandiganbayan
d. Court of Tax Appeals Decision must 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. – Quorum is 8,
 therefore the NEEDED VOTE IS 5. These are
enough numbers even if it is a question of
constitutionality.

Those WHO DID NOT TAKE PART IN THE

DELIBERATION DO NOT HAVE THE RIGHT TO
VOTE.

Quorum – 8 even if the sitting justices are only SC sitting en banc is NOT AN APPELLATE COURT Divisions ARE NOT AND DISTINCT COURTS.
14 (in a criminal case with capital offense) vis-à-vis its DIVISIONS. It exercises no appellate Actions considered in any of these divisions and
jurisdiction over the latter. decisions rendered there are, in effect, BY THE
QUALIFICATIONS: (Sec. 7, Art. VIII) SAME TRIBUNAL (the SC).

Qualifications cannot be altered by the Decisions or resolutions of a division of the

Congress of the Philippines EXCEPT statutory court ARE NOT INFERIOR to an en banc
qualifications of judges and justices of lower decision.
courts.
Decisions are NOT APPEALABLE TO THE EN
Member of the SC: BANC.

a. Natural-born Filipino citizen; Cases – decided, controversies brought to the

b. Must be at least 40 years old; court for the first time
c. Must have been for 15 years or more a
judge of a lower court or engaged in If a case has already been decided and the
the practice of law in the Philippines; losing party files the motion for
and reconsideration, the failure of the division to
d. A person of proven competence, RESOLVE THE MOTION because of a tie in the
integrity, probity, and independence. voting DOES NOT LEAVE THE CASE UNDECIDED.

Member of a Lower Collegiate Court: If the voting results in a tie, the motion for
reconsideration is LOST. The assailed condition
a. Must be a natural-born Filipino citizen; IS NOT CONSIDERED and MUST THEREFORE BE
b. A member of the Philippine bar; DEEMED AFFIRMED.
c. Possessing the other qualifications
prescribed by Congress; and Matters – resolved
 d. Must be a person of proven
competence, integrity, probity, and
independence.

Member of a Non-Collegiate Lower Court

a. Citizens of the Philippines;

b. Members of the Philippine bar;
c. Possessing the other qualifications
prescribed by the Congress; and
d. Must be persons of proven
competence, integrity, probity, and
independence.
Sec.11, ART. VIII. The Members of the COURTS’ DECIDING – RULES on PERIOD
Supreme Court and judges of the lower court
shall hold office during good behavior until MUST BE DECIDED – mandatory in nature,
they reach the age of seventy years or become decide matters within the period fixed by law.
incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have Supreme Court – 24 months from date of
the power to discipline judges of lower courts, submission;
or order their dismissal by a vote of majority of
the Members who actually took part in the ALL LOWER COLLEGIATE COURTS – 12 months
deliberations on the issues in the case and unless reduced by the SC;
voted in thereon.
ALL OTHER LOWER COURTS – 3 months
Justices or judge are REMOVABLE ONLY BY (including Sandiganbayan)
IMPEACHMENT. Those lower to the SC are
removable ONLY by the SC sitting en banc. The effect of the lapse of the reglementary
period can be a ground for impeachment or
other form of disciplinary action if it is found to
Sec.12, ART. VIII. The Members of the Supreme constitute culpable violation of the
Court and of other courts established by law Constitution.
shall not be designated to any agency
performing quasi-judicial or administrative Failure to perform the function constitutes
function. gross inefficiency and warrants administrative
sanctions.
 Sec. 15, ART. VIII. All cases or matters filed
after the effectivity of this Constitution must be
decided or resolved within twenty-four months
from date of submission for the Supreme Court,
and, unless reduced by the Supreme Court,
twelve months for all lower collegiate courts,
and three months for all other lower courts.
EXCEPTION: A heavy case load and a poor
health may PARTIALLY EXCUSE such lapses,
ONLY IF THE JUDGES CONCERNED REQUEST
REASONABLE EXTENSIONS to the SC. (Court
Administrator vs Quinanola)

A case or matter shall be deemed submitted for

decision or resolution upon the filing of the last
pleading, brief, or memorandum required by
the Rules of Court or by the court itself.

Upon the expiration of the corresponding

period, a certification to this effect signed by
the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof
attached to the record of the case or matter,
and served upon the parties. The certification
shall state why a decision or resolution has not
been rendered or issued within said period.

Despite the expiration of the applicable

mandatory period, the court, without prejudice
to such responsibility as may have been
incurred in consequence thereof, shall decide
or resolve the case or matter submitted thereto
for determination, without further delay.

CABINET SECRETARIES – FUNCTIONS OF A CABINET SECRETARY

Cabinet secretaries act as the alter ego of the President executing, with his authority, the power of the Office of the President in their respective
departments.
The number of cabinet secretaries varies from time to time depending on the need of an administration. According to the Administrative Code of 1987,
the President of the Philippines may create or dissolve any department as he sees fit.

APPOINTMENT OF CABINET SECRETARIES

According to the Article 7, Section 16, the President may appoint anyone to executive departments with the consent of the Commission on
Appointments. Names of individuals nominated to cabinet posts are submitted to the Commission on Appointments for their consideration.

An individual may not assume his post in a given department unless confirmed by the Commission on Appointments. However, the constitution
provides for individuals becoming cabinet secretaries in an acting capacity before they are confirmed. According to Article VII, Section 16 of the
constitution, the president may appoint anyone to cabinet posts even if Congress is in recess. These appointments are valid until the Commission on
Appointments disapproves them, or at the end of the next session of Congress.

Not all cabinet members, however, are subject to confirmation of the Commission on Appointments. According to the Commission of Appointments
website, the following need confirmation in order to assume their posts:

Executive Secretary, Secretary of Agrarian Reform, Secretary of Agriculture, Secretary of Budget and Management, Secretary of Education, Secretary of
Energy, Secretary of Environment and Natural Resources, Secretary of Finance, Secretary of Foreign Affairs, Secretary of Health, Secretary of Justice,
Secretary of Labor and Employment, Secretary of National Defense, Secretary of Public Works and Highways, Secretary of Science and Technology,
Secretary of Social Welfare and Development, Secretary of the Interior and Local Government, Secretary of Trade and Industry, Secretary of
Transportation and Communications, Secretary of Tourism, Commission on Higher Education, Director General of the National Economic and
Development Authority

POWERS OF A CABINET SECRETARY

As stated above, a cabinet secretary is the alter ego of the President in their respective departments. Thus, they possess the power to issue directives
relative to their departments, such as department orders. These orders only apply to offices under a specific department under the cabinet secretary’s
jurisdiction. Cabinet secretaries also act as advisors to the President of the Philippines for their areas.