THE JUDICIAL
DEPARTMENT
Overview
 What
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 Department
 Article
VIII, Section 1: Judicial
power will be vested in the Supreme
Court and all lower courts
 Judicial power: the power to apply
the laws to contests or disputes
concerning legally recognized rights
 Loosely, the judiciary refers to the
court system
Judicial Power

Generally entails two activities:
1. Settling legal controversies
2.
Determining whether there has
been grave abuse of discretion
amounting to lack or excess of
jurisdiction by any branch of
government
Scope of Judicial Power
 Adjudicating
 The
Power
power to settle legal disputes
 Power
of Judicial Review
 Refers
to the power of the Supreme
Court to interpret and make
judgments with respect to the law
 Incidental
 Powers
Powers
necessary for the discharge of
the judicial function
The Supreme Court
 Composition
1
Chief Justice and 14 Associate Justices
 Sits en banc or in divisions
 Qualifications
 By
appointment
 40 years of age
 Natural born citizen
 Judge or legal practitioner for 15 years
Powers of the Supreme Court
 SC
has jurisdiction over:
 Cases
involving ambassadors and
public ministers
 Petitions for certiorari, mandamus,
quo warranto, prohibition & habeas
corpus
 Review
 Cases
judgments of lower courts
involving constitutionality,
legality of any tax, reclusion perpetua
and errors on questions of law
Powers of the Supreme Court
 Assignment
of judges to the lower
courts
 Order a change of venue for a trial
 Promulgate rules of court
 Appoint officials of the judiciary and
hire employees for the judicial
branch
Judicial and Bar Council
 Tasked
with nominating appointees
to the Judiciary (SC  3)
 Composition:
 Chief
Justice
 Secretary of Justice
 Representative from Congress
 IBP Representative
 Prof. of law
 Private Sector Representative
Rendering Court Decisions
 Once
a decision is reached, a SC
Justice is assigned to write an
opinion
 The opinion is certified by the Chief
Justice and served to the parties
concerned
 Dissentions and abstentions must be
explained
 The opinion must explain facts of law