Supreme Court effective unless disapproved by the
Supreme Court. (Sec 5, Par 5)
- The highest court in the Philippines. It
has administrative supervision over all Habeas Corpus
courts and personnel.
- is a fundamental right in the Constitution
Court of Appeals that protects against unlawful and
indefinite imprisonment.
- Hukuman ng Paghahabol ng Pilipinas.
- a writ requiring a person under arrest to
- The Philippines' second-highest judicial
be brought before a judge or into court,
court.
especially to secure the person's release
Judicial and Bar Council unless lawful grounds are shown for their
detention.
- the primary task is to recommend
appointees to the Judiciary and the Office Justiciable Question
of the Ombudsman for the President's
- A justiciable question is one which affects
perusal. The council aims to enhance the
personal or property rights accorded to
quality of the search, screening, and
every member of the community in cases
selection process, as well as insulate the
properly brought before the judicial
process from the undue influence of any
tribunals. It is one which is proper to be
kind.
examined or decided in courts of justice
Grave abuse of Discretion because its determination would not
involve an encroachment upon the
- as such capricious and whimsical legislative or executive power.
exercise of judgment as is equivalent to
lack of jurisdiction. Jurisdictions of Courts
Sharia Circuit Court Jurisdiction is the power and authority of a court
to hear, try, and decide a case. It may be:
- Equivalent to the Municipal Circuit Trial
Courts are the Shari'a Circuit Courts (1) General. – when it is empowered to decide
- Established in certain municipalities in all disputes which may come before it except
Mindanao. those assigned to other courts (e.g., jurisdiction
- Where the Code of Muslim Personal of the Regional Trial Courts);
Laws of the Philippines is being enforced.
(2) Limited. – when it has authority to hear and
- There are five Shari'a Circuit Courts and
determine only a few specified cases (e.g.,
fiftyone Shari'a Circuit Courts in
jurisdiction of special courts, supra.);
existence.
(3) Original. – when it can try and decide a case
Political Question
presented for the first time;
- A political question on the other hand is
(4) Appellate. – when it can take a case already
one which, under the Constitution, “is to
heard and decided by a lower court removed
be decided by the people in their
from the latter by appeal;
sovereign capacity, are in regard to
which full discretionary authority has (5) Exclusive. - When it can try and decide a
been delegated to the legislative or case which cannot be presented before any
executive branch of the government.” other court;
Rule Making Power 6) Concurrent. - When any one of two or more
courts may take cognizance of a case;
- (5) Promulgate rules concerning the
protection and enforcement of (7) Criminal. – that which exists for the
constitutional rights, pleading, practice, punishment of crime; and
and procedure in all courts, the
admission to the practice of law, the (8) Civil. - That which exists when the subject
integrated bar, and legal assistance to matter is not of a criminal nature (e.g., collection
the underprivileged. Such rules shall of debt).
provide a simplified and inexpensive Powers of the Supreme Court
procedure for the speedy disposition of
cases, shall be uniform for all courts of Section 5. The Supreme Court shall have the
the same grade, and shall not diminish, following powers:
increase, or modify substantive rights. (1) Exercise original jurisdiction over cases
Rules of procedure of special courts and affecting ambassadors, other public ministers
quasi-judicial bodies shall remain 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 judgments and orders
of lower courts in:
(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. Such rules shall provide a
simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
Judicial and Bar Council
- composed of the Chief Justice as ex
officio Chairman, the Secretary of
Justice, and a representative of the
Congress as ex officio Members, a
representative of the Integrated Bar, a
professor of law, a retired Member of the
Supreme Court, and a representative of
the private sector.
Powers of Sandiganbayan
- The Sandiganbayan (SB) tries and
decides criminal and civil cases against
government officials and employees
accused of graft and corruption and
similar other offenses
