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Judicial report section VIII
SECTION 1
SECTION 1
The judicial power shall be vested in one Supreme
Court and in such lower courts as may be
established by law.
Classification:
• Only the supreme court is a constitutional court in the sense
of being a creation of the CONSTITUTION.
• Statutory courts – all other courts, including the
Sandiganbayan in the sense that they are creations of LAW
Judicial report section VIII
Judicial report section VIII
Judicial report section VIII
Judicial report section VIII
Section 2
1. 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 here-
of.
2. No laws shall be passed reorganizing the Judiciary when it undermine the
security of tenure of its Members.
Power Vested to Apportion Jurisdiction of Various Courts Vested in Congress.
3 Limitations:
1.The Congress cannot adminish or otherwise impair the original and appellate
jurisdiction of the Supreme Court
over cases.
2.No law shall be passed reorganizing the judiciary when it undermines security of
tenure guaranteed in Sec 11.
3.No law shall be passed increasing the appellate jurisdiction of the Supreme Court
without its advice and concurrence.
Section 2
Jurisdiction of Courts
Jurisdiction- is the power and authority of a court to hear, try and decide a case.
It may be:
1.General – when it is empowered to decide all disputes which may come before it
except those assigned to other courts(e.g. Jurisdiction of the Regional Trial Courts)
2.Limited – when it has authority to hear and determine only a few specified cases(e.g.
jurisdiction of special courts, supra)
3.Original – when it can try and decide a case presented for the first time
4.Appellate – when it can take a case already heard and decided by a lower court to
removed from the latter by appeal
5.Exclusive – when it can try and decide a case which cannot be presented before any
other court.
6.Concurrent – when any one of two or more courts may take cognizance of a case.
7.Criminal – that which exists for the punishment of crime.
8.Civil – that which exists when the subject matter is not of a criminal nature
(e.g. collection of debts)
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.
• Fiscal Autonomy
• Section 3 seeks to insure the independence the judiciary. The
appropriations for the judiciary may not be reduced as provided above but
they may be increased. The constitution takes into account the fact that
the administration f justice, in the past, has always been at the bottom list
of priorities in government budgetary appropriations. The prohibitation
against reduction by Congress of the appropriation for the judiciary below
the amounts appropriated for the previous year assures, at least, that the
minimal finding requirements of the judiciary will be met.
Section 4
1. The Supreme Court shall be composed of a Chief Justice and fourteen
Associates Justices. It may sit en banc or in its discretion, in division of
three, five, or seven members. Any vacancy shall be filled with ninety
days from the occurrence thereof.
2. All cases involving the constitutionally of a treaty, international or
executive agreement, or law, which shall be heard by the Supreme Court 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 the case and voted thereon. And in no case,
without the concurrence of at least three of such Members.
• en banc
• (on bonk) French for "in the bench," it signifies a
decision by the full court of all the appeals judges in
jurisdictions where there is more than one three- or
four-judge panel. The larger number sit in judgment
when the court feels there is a particularly significant
issue at stake or when requested by one or both parties
to the case and agreed to by the court.
Section 5
Judiciable Question Distinguish from Political Question :
1.Judicial Question – is one which affects personal or property rights
accorded to every member of the community in cases properly brought
before the judicial tribunals.
2.Political Question – is one which under the Constitution.
SECTION 5:
The Supreme Court shall have the following powers:
1.Exercise original jurisdiction over cases affecting ambassadors, other
public minister and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
2.Review, revise, reverse, modify, or affirm on appeal or certiorari as the
law or the Rules of Court may provide, final judgment 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.
b.All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
c.All cases in which the jurisdiction of any lower court is in issue.
d.All criminal cases in which the penalty imposed is reclusion
Perpetua or higher.
e.All cases in which only an error or question of law is involved.
Section 5
3. Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall
not exceed six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a
miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged.
6. Appoints all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Original Jurisdiction of Supreme Court Over Petition
for Certiorari
1. Certiorari- a writ issued from a superior court
requiring a lower court to transmit the records of a
case to the superior court for the purposes of review.
2. Prohibition- a writ by which a superior court
commands a lower court to desist from further
proceedings in an action or matter
3. Mandamus- an order by a superior court
commanding a lower court, a board or a corporation
to perform a certain act which is its or his duty to do.
4. Quo Warranto- an action by the government to
recover an office or franchise from an individual
unlawfully holding it.
5. Habeas Corpus- a writ issued in order to bring
somebody who has been detained into court, usually for
a decision on whether the detention is lawful.
Section 6
Substantive and Procedural Law/Rights Distinguished
1.Substantive Law – part of the law creates, defines and regulates rights concerning life,
liberty, or property, or the powers of agencies or instrumentalities for the administration
of public affairs.
2.Substantive Rights – rights which substantive law declares or rights concerning life,
liberty or property.
SECTION 6: The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Administrative Supervision over Lower Court
The Supreme Court exercises administrative supervision over all courts from the Courts
of Appeals down to the lowest Courts and the personnel thereof. This is one
fundamental changes introduced in respect of the judicial system by the 1973
constitution .
SECTION 7:
1.No person shall be appointed Member of the Supreme Court or
any lower collegiate court unless 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 for fifteen years or more a
judge of a lower court or engaged in the practice of law in the
Philippines.
2.The Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judges of thereof
unless he is a citizen of the Philippine Bar.
3.A Member of the Judiciary must be a person of proven
competence, integrity, probity and independence.
.
Qualification for Member of the Supreme Court and any
lower Collegiate Court:
1.He must be a natural-born citizen of the Philippines
2.He must be at least forty years of age
3.He must have for fifteen years or more been a judge of a
lower house or engaged in the practice of law in the
Philippines
4.He must be a person of proven competence, integrity,
probity and independence
SECTION 7
Qualification of Judges of Lower House
1.Constitutional
a.He must be a citizen
b.He must be a member of the Philippine Bar
c.He must be a person of proven competence, integrity, probity and independence
2.Statutory – congress is given the authority to prescribe additional qualification for judges
of lower courts.
Administration of Justice
1.Nature – “compared to other public functions and duties, the dispensing of justice, being
extremely important, is both delicate and singular.
2.Character and Fitness of judges – the possession f the legal qualifications prescribed
for appointment to the judiciary and the existence of constitutional safeguards to protect
judicial independence are no assurance that the appointee will discharge the duties of
his office impartially, free from all outside pressure and influence.
3.Judicial standards more exacting – there is no place in the judiciary for those who
cannot meet the exacting standards of judicial competence and integrity.
Section 8
1.A judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative of the Integrated 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 Appointments.
3.The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep record of its proceedings.
4.The singular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court
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 9
The Member of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees prepared
by the Judicial and Bar Council for every vacancy, Such appointments need
no confirmation.
Appointment of Members of the Supreme Court and Judges of Lower Court
1.Non-political process of selection appointment – the appointing power is
vested alone in the President.
2.List of at least three years nominees- the President shall appoint from a list of
at least 3 nominees prepared by the Judicial and Bar Council for every vacancy.
3.Judicial and Bar Council – instead of leaving its creation to legislation, the
Constitution itself creates the council providing at the same time its composition,
appointment of the members, their term of office, their emoluments, and their
functions.
SECTION 10
The salary of the Chief Justice and 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 salary shall not be decreased.
Compensation of Members of the Judiciary
The salary of the members of the Supreme Court and of judges of lower
courts shall be fixed by law. Until Congress shall provide otherwise, the initial
annual salary of the Chief Justice is P240,000 and each Associates Justice,
P204,000. after Congress has fixed the compensation f any of them, it may not
reduce the same during his incumbency.
SECTION 11:
The Member of the Supreme Court and judges of lower courts shall hold
office during good behaviour until they reach 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 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.
Tenure of Office of Members of the Judiciary
1.Importance of security of tenure – section 11 insures the security of tenure of the
members of the Supreme Court and the judges of lower courts.
2.Retirement age – the retirement age in 1973 Constitution was reduced from the
original seventy(70) to sixty-five(65) years which is the retirement age of other non-
elective government officials and employees and restored again to seventy(70)
3.Termination of rights to hold office – the constitution provides for the
impeachment of the members of the Supreme Court
4.Abolition of office – well-known rule that valid abolition of offices is neither removal
nor separation of incumbents.
Section 12
SECTION 12:
The Member of the Supreme Court and of other courts
established by law shall not be designated to any agency performing
quasi-judicial or administration.
The following reason may be given for the prohibitation:
1.Such designated violates the doctrine of separation of powers between
the judicial and executive branches of the government.
2.It may compromise the independence of the members in the
performance of their judicial functions
3.With so many cases pending in courts, the practice will result in further
delay in their disposition.
Section 13-14
SECTION 13:
The conclusion 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. A certification to this effect signed by the Chief
Justice shall be issued and a copy thereof attached to the record of the case and served
upon the parties. Any Member who took no part, or dissented, or abstained from a decision
or resolution must state the reason therefore. The same requirements shall be observed by
all lower collegiate courts.
SECTION 14:
No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of court shall be
refused due course or denied without stating the legal basis there for.
Decision – is the judgement rendered by court of justice other competent tribunal after the
presentation of the respective positions of the parties in an ordinary or criminal case or upon a
stipulation of facts upon which the disposition of the case is based.
Section 15
SECTION 15:
1.All cases or matters filed after the affectivity 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
2.A case or matter shall be deemed submitted for decision or resolution upon
filing of the last pleading, brief, or memorandum required by the Rules of
Courts or by the court itself.
3.Upon expiration of the corresponding period, a certification to this effect
signed by the Chief Justice or the presiding 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 no
been rendered or issued within said period.
4.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.
Section 15
Maximum Periods for Rendition of Decision
1.Supreme Court – within twenty-four(24) months
2.The Court of Appeals and other collegiate appellate courts- within 12
months unless reduced by the Supreme Court
3.Lower Court- within 3 months unless reduced by the Supreme Court
Time Limitation Mandatory
The time limitation established above are mandatory. They are intended
to ease up the clogging of court dockets or matter, and served upon
implement the right of party litigants to speedy justice under the familiar
aphorism that ‘justice delayed is justice denied”. Under Section 5(5), the rules
promulgated by the Supreme Court shall provide a simplified and inexpensive
procedure for the speedy disposition of cases.
Section 16
SECTION 16:
The Supreme Court shall, within thirty days from the opening of
each regular session of the Congress, submit to the President and the
Congress an annual report on the operation and activities of the
Judiciary.
The above provision requires the Supreme Court to submit to the
President and Congress an annual report on the operations and activities of
the Judiciary.
THANK YOU! 
Group 5
Members:
• Besinga, Edson
• Bunsocan, John Louie
• Jalalon, Louela Jean
• Millana, Shirly Rose
• Vergara, Astor Jr.

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Judicial report section VIII

  • 3. SECTION 1 The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Classification: • Only the supreme court is a constitutional court in the sense of being a creation of the CONSTITUTION. • Statutory courts – all other courts, including the Sandiganbayan in the sense that they are creations of LAW
  • 8. Section 2 1. 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 here- of. 2. No laws shall be passed reorganizing the Judiciary when it undermine the security of tenure of its Members. Power Vested to Apportion Jurisdiction of Various Courts Vested in Congress. 3 Limitations: 1.The Congress cannot adminish or otherwise impair the original and appellate jurisdiction of the Supreme Court over cases. 2.No law shall be passed reorganizing the judiciary when it undermines security of tenure guaranteed in Sec 11. 3.No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence.
  • 9. Section 2 Jurisdiction of Courts Jurisdiction- is the power and authority of a court to hear, try and decide a case. It may be: 1.General – when it is empowered to decide all disputes which may come before it except those assigned to other courts(e.g. Jurisdiction of the Regional Trial Courts) 2.Limited – when it has authority to hear and determine only a few specified cases(e.g. jurisdiction of special courts, supra) 3.Original – when it can try and decide a case presented for the first time 4.Appellate – when it can take a case already heard and decided by a lower court to removed from the latter by appeal 5.Exclusive – when it can try and decide a case which cannot be presented before any other court. 6.Concurrent – when any one of two or more courts may take cognizance of a case. 7.Criminal – that which exists for the punishment of crime. 8.Civil – that which exists when the subject matter is not of a criminal nature (e.g. collection of debts)
  • 10. 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. • Fiscal Autonomy • Section 3 seeks to insure the independence the judiciary. The appropriations for the judiciary may not be reduced as provided above but they may be increased. The constitution takes into account the fact that the administration f justice, in the past, has always been at the bottom list of priorities in government budgetary appropriations. The prohibitation against reduction by Congress of the appropriation for the judiciary below the amounts appropriated for the previous year assures, at least, that the minimal finding requirements of the judiciary will be met.
  • 11. Section 4 1. The Supreme Court shall be composed of a Chief Justice and fourteen Associates Justices. It may sit en banc or in its discretion, in division of three, five, or seven members. Any vacancy shall be filled with ninety days from the occurrence thereof. 2. All cases involving the constitutionally of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court 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 the case and voted thereon. And in no case, without the concurrence of at least three of such Members.
  • 12. • en banc • (on bonk) French for "in the bench," it signifies a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel. The larger number sit in judgment when the court feels there is a particularly significant issue at stake or when requested by one or both parties to the case and agreed to by the court.
  • 13. Section 5 Judiciable Question Distinguish from Political Question : 1.Judicial Question – is one which affects personal or property rights accorded to every member of the community in cases properly brought before the judicial tribunals. 2.Political Question – is one which under the Constitution.
  • 14. SECTION 5: The Supreme Court shall have the following powers: 1.Exercise original jurisdiction over cases affecting ambassadors, other public minister and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2.Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgment 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. b.All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c.All cases in which the jurisdiction of any lower court is in issue. d.All criminal cases in which the penalty imposed is reclusion Perpetua or higher. e.All cases in which only an error or question of law is involved.
  • 15. Section 5 3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 4. Order a change of venue or place of trial to avoid a miscarriage of justice. 5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. 6. Appoints all officials and employees of the Judiciary in accordance with the Civil Service Law.
  • 16. Original Jurisdiction of Supreme Court Over Petition for Certiorari 1. Certiorari- a writ issued from a superior court requiring a lower court to transmit the records of a case to the superior court for the purposes of review. 2. Prohibition- a writ by which a superior court commands a lower court to desist from further proceedings in an action or matter 3. Mandamus- an order by a superior court commanding a lower court, a board or a corporation to perform a certain act which is its or his duty to do.
  • 17. 4. Quo Warranto- an action by the government to recover an office or franchise from an individual unlawfully holding it. 5. Habeas Corpus- a writ issued in order to bring somebody who has been detained into court, usually for a decision on whether the detention is lawful.
  • 18. Section 6 Substantive and Procedural Law/Rights Distinguished 1.Substantive Law – part of the law creates, defines and regulates rights concerning life, liberty, or property, or the powers of agencies or instrumentalities for the administration of public affairs. 2.Substantive Rights – rights which substantive law declares or rights concerning life, liberty or property. SECTION 6: The Supreme Court shall have administrative supervision over all courts and the personnel thereof. Administrative Supervision over Lower Court The Supreme Court exercises administrative supervision over all courts from the Courts of Appeals down to the lowest Courts and the personnel thereof. This is one fundamental changes introduced in respect of the judicial system by the 1973 constitution .
  • 19. SECTION 7: 1.No person shall be appointed Member of the Supreme Court or any lower collegiate court unless 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 for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines. 2.The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judges of thereof unless he is a citizen of the Philippine Bar. 3.A Member of the Judiciary must be a person of proven competence, integrity, probity and independence. .
  • 20. Qualification for Member of the Supreme Court and any lower Collegiate Court: 1.He must be a natural-born citizen of the Philippines 2.He must be at least forty years of age 3.He must have for fifteen years or more been a judge of a lower house or engaged in the practice of law in the Philippines 4.He must be a person of proven competence, integrity, probity and independence
  • 21. SECTION 7 Qualification of Judges of Lower House 1.Constitutional a.He must be a citizen b.He must be a member of the Philippine Bar c.He must be a person of proven competence, integrity, probity and independence 2.Statutory – congress is given the authority to prescribe additional qualification for judges of lower courts. Administration of Justice 1.Nature – “compared to other public functions and duties, the dispensing of justice, being extremely important, is both delicate and singular. 2.Character and Fitness of judges – the possession f the legal qualifications prescribed for appointment to the judiciary and the existence of constitutional safeguards to protect judicial independence are no assurance that the appointee will discharge the duties of his office impartially, free from all outside pressure and influence. 3.Judicial standards more exacting – there is no place in the judiciary for those who cannot meet the exacting standards of judicial competence and integrity.
  • 22. Section 8 1.A judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Integrated 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 Appointments. 3.The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep record of its proceedings. 4.The singular Members of the Council shall receive such emoluments as may be determined by the Supreme Court 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.
  • 23. Section 9 The Member of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, Such appointments need no confirmation. Appointment of Members of the Supreme Court and Judges of Lower Court 1.Non-political process of selection appointment – the appointing power is vested alone in the President. 2.List of at least three years nominees- the President shall appoint from a list of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy. 3.Judicial and Bar Council – instead of leaving its creation to legislation, the Constitution itself creates the council providing at the same time its composition, appointment of the members, their term of office, their emoluments, and their functions.
  • 24. SECTION 10 The salary of the Chief Justice and 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 salary shall not be decreased. Compensation of Members of the Judiciary The salary of the members of the Supreme Court and of judges of lower courts shall be fixed by law. Until Congress shall provide otherwise, the initial annual salary of the Chief Justice is P240,000 and each Associates Justice, P204,000. after Congress has fixed the compensation f any of them, it may not reduce the same during his incumbency.
  • 25. SECTION 11: The Member of the Supreme Court and judges of lower courts shall hold office during good behaviour until they reach 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 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. Tenure of Office of Members of the Judiciary 1.Importance of security of tenure – section 11 insures the security of tenure of the members of the Supreme Court and the judges of lower courts. 2.Retirement age – the retirement age in 1973 Constitution was reduced from the original seventy(70) to sixty-five(65) years which is the retirement age of other non- elective government officials and employees and restored again to seventy(70) 3.Termination of rights to hold office – the constitution provides for the impeachment of the members of the Supreme Court 4.Abolition of office – well-known rule that valid abolition of offices is neither removal nor separation of incumbents.
  • 26. Section 12 SECTION 12: The Member of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administration. The following reason may be given for the prohibitation: 1.Such designated violates the doctrine of separation of powers between the judicial and executive branches of the government. 2.It may compromise the independence of the members in the performance of their judicial functions 3.With so many cases pending in courts, the practice will result in further delay in their disposition.
  • 27. Section 13-14 SECTION 13: The conclusion 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. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefore. The same requirements shall be observed by all lower collegiate courts. SECTION 14: No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of court shall be refused due course or denied without stating the legal basis there for. Decision – is the judgement rendered by court of justice other competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case or upon a stipulation of facts upon which the disposition of the case is based.
  • 28. Section 15 SECTION 15: 1.All cases or matters filed after the affectivity 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 2.A case or matter shall be deemed submitted for decision or resolution upon filing of the last pleading, brief, or memorandum required by the Rules of Courts or by the court itself. 3.Upon expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding 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 no been rendered or issued within said period. 4.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.
  • 29. Section 15 Maximum Periods for Rendition of Decision 1.Supreme Court – within twenty-four(24) months 2.The Court of Appeals and other collegiate appellate courts- within 12 months unless reduced by the Supreme Court 3.Lower Court- within 3 months unless reduced by the Supreme Court Time Limitation Mandatory The time limitation established above are mandatory. They are intended to ease up the clogging of court dockets or matter, and served upon implement the right of party litigants to speedy justice under the familiar aphorism that ‘justice delayed is justice denied”. Under Section 5(5), the rules promulgated by the Supreme Court shall provide a simplified and inexpensive procedure for the speedy disposition of cases.
  • 30. Section 16 SECTION 16: The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operation and activities of the Judiciary. The above provision requires the Supreme Court to submit to the President and Congress an annual report on the operations and activities of the Judiciary.
  • 31. THANK YOU!  Group 5 Members: • Besinga, Edson • Bunsocan, John Louie • Jalalon, Louela Jean • Millana, Shirly Rose • Vergara, Astor Jr.