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Questions and Answers
What kind of autonomy does the Judiciary enjoy?
What kind of autonomy does the Judiciary enjoy?
Fiscal autonomy
The Congress has the power to deprive the Supreme Court of its jurisdiction over certain cases.
The Congress has the power to deprive the Supreme Court of its jurisdiction over certain cases.
False
What is vested in one Supreme Court and in such lower courts as may be established by law?
What is vested in one Supreme Court and in such lower courts as may be established by law?
Judicial power
What shall the salary of the Chief Justice and Associate Justices be fixed by?
What shall the salary of the Chief Justice and Associate Justices be fixed by?
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Members of the Supreme Court hold office during good behavior until they reach the age of seventy.
Members of the Supreme Court hold office during good behavior until they reach the age of seventy.
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Who shall appoint the Members of the Supreme Court and judges of lower courts?
Who shall appoint the Members of the Supreme Court and judges of lower courts?
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Within how many days shall the President issue appointments for lower courts after submission of the list?
Within how many days shall the President issue appointments for lower courts after submission of the list?
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What must be clearly expressed by any court's decision?
What must be clearly expressed by any court's decision?
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What shall the Supreme Court submit to the President and Congress within thirty days of each regular session?
What shall the Supreme Court submit to the President and Congress within thirty days of each regular session?
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Study Notes
Judicial Power
- Vested in the Supreme Court and lower courts established by law
- Courts are responsible for settling controversies involving legally demandable and enforceable rights
- Courts determine if there has been grave abuse of discretion by any branch or instrumentality of the government
Congressional Power
- Congress defines, prescribes, and apportions the jurisdiction of courts
- Congress cannot deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5
- No law can reorganize the Judiciary that undermines the security of tenure of its members
Judiciary Fiscal Autonomy
- Judiciary enjoys fiscal autonomy, meaning appropriations for the Judiciary cannot be reduced by the legislature below the previous year's amount.
- Approved appropriations are automatically and regularly released.
Supreme Court Powers
- Has original jurisdiction over:
- Cases affecting ambassadors, other public ministers, and consuls
- Cases where a state is a party
- Has appellate jurisdiction over all cases decided by lower courts, except cases involving impeachment
- Reviews decisions of lower courts
- Reviews decisions of the constitutional commissions
- Has the power to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto
- Has power to discipline judges of lower courts or order their dismissal
Judicial Administration
- Supreme Court has administrative supervision over all courts and their personnel
Appointment of Judges
- Supreme Court and lower court judges are appointed by the President from a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy.
- Appointments do not need confirmation, but the President must issue the appointment for lower courts within ninety days from the submission of the list.
Salaries of Judges
- The salaries of Supreme Court and lower court judges are fixed by law.
- Their salaries cannot be decreased while they are in office.
Tenure of Judges
- Supreme Court and lower court judges hold office during good behavior until they reach the age of 70 or become incapacitated.
- The Supreme Court en banc can discipline or dismiss judges of lower courts by a majority vote.
Prohibitions on Judges
- Members of the Supreme Court and other courts cannot be designated to any agency performing quasi-judicial or administrative functions.
Decision-Making Process
- Supreme Court decisions are reached in consultation before the case is assigned for writing an opinion.
- A certification signed by the Chief Justice is issued and attached to the case record.
- Members must state their reason for not participating in, dissenting from, or abstaining from a decision or resolution.
- The same requirements apply to collegiate courts.
Court Decisions
- All court decisions must clearly state the facts and legal basis for the decision.
- No petition for review or motion for reconsideration can be denied without stating the legal basis for the denial.
Annual Report
- Supreme Court submits an annual report to the President and Congress, within 30 days of the opening of each regular session, detailing the operations and activities of the Judiciary.
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Description
Test your knowledge on the powers of the judiciary and congress. This quiz covers topics such as judicial power vested in the Supreme Court, congressional authority over court jurisdiction, and fiscal autonomy of the judiciary. Challenge yourself and see how well you understand these vital concepts of government structure.