Article VIII: Judiciary Department
Judiciary- watch dog of the Legislative and Executive Department
Judicial Power
1. Adjudicatory power- power to use law to solve an issue and to determine the abuses made.
2. Judicial Review- reviewing of the validity of the laws
3. Incidental Power- Judgement of contempt.
Kind of Offense
1. Criminal Case- an offense which affect the community such as killings, massacre, and etc…
2. Civil Case- an offense which affect two or more individual such as failure to comply to a contract.
Classification of Court According to Origin
1. Constitutional Court- the Supreme Court, the only Court mandated by the constitution to be created.
2. Statutory Curt- courts created by the law (Lower Court)
Classification of Court According to Case
1. Special Court- court which has a limited jurisdiction
a. Court of Tax Appeal- court which hold the cases related to tax
b. Sandigan Bayan- court which hold the cases related to graft and corruption. Has 14 Associate Justices.
c. Court of Appeals- court on which hold the cases being appeal to be rejudged.
d. Shariah Court- court which holds the cases of civil offenses related to Muslims.
2. Regular Court- those court which handles those common cases
Composition of Supreme Court
1. One Chief Justice
2. Fourteen Associate Justices
Qualification of a Chief Justice
1. Natural Born Citizen of the Philippines
2. At least 40 years of age
3. Must have 15 years or more been judge of a lower court or engaged in the practicing law in the Philippines
4. Must be a person of a proven competence, integrity, probity, and independence.
5. Must be a Member of Integrated Bar of the Philippines
Appointment of a Chief Justice/ associate justices
- A certain list of people must be submitted by the Judicial and Bar Council to the President.
- The President will appoint the Justice but it cannot remove any justice being appointed.
- Retirement age is 70 year old.
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