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Questions and Answers
The Supreme Court is composed of a Chief Justice and twelve Associate Justices.
The Supreme Court is composed of a Chief Justice and twelve Associate Justices.
False
Judicial power includes the duty of courts to settle actual controversies involving rights that are legally enforceable.
Judicial power includes the duty of courts to settle actual controversies involving rights that are legally enforceable.
True
Vacancies in the Supreme Court must be filled within thirty days from their occurrence.
Vacancies in the Supreme Court must be filled within thirty days from their occurrence.
False
All cases involving the constitutionality of a law must be decided by the Supreme Court sitting in division.
All cases involving the constitutionality of a law must be decided by the Supreme Court sitting in division.
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The fiscal autonomy of the Judiciary allows for reductions in its appropriations by the legislature.
The fiscal autonomy of the Judiciary allows for reductions in its appropriations by the legislature.
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The Supreme Court has original jurisdiction over cases affecting ambassadors and consuls.
The Supreme Court has original jurisdiction over cases affecting ambassadors and consuls.
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The Supreme Court can assign judges of lower courts to other stations for periods exceeding six months without consent.
The Supreme Court can assign judges of lower courts to other stations for periods exceeding six months without consent.
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A member of the Supreme Court must have been a judge for at least ten years.
A member of the Supreme Court must have been a judge for at least ten years.
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The Supreme Court has the authority to promulgate rules regarding legal assistance to the underprivileged.
The Supreme Court has the authority to promulgate rules regarding legal assistance to the underprivileged.
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All cases involving the legality of taxes must be reviewed by the Supreme Court before any penalties are imposed.
All cases involving the legality of taxes must be reviewed by the Supreme Court before any penalties are imposed.
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Study Notes
Judicial Department
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Judicial Power: Vested in a Supreme Court and lower courts established by law
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Judicial Power's Duty: Settle actual legal controversies; determine if there's grave abuse of discretion by government branches.
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Congress's Power: Define, prescribe, and apportion court jurisdictions; cannot deprive Supreme Court's jurisdiction over listed cases.
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Judicial Security: No law can reorganize the Judiciary if it weakens judges' job security.
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Fiscal Autonomy: Judiciary budget cannot be reduced below previous year's; appropriations automatically released after approval.
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Supreme Court Composition: Chief Justice, 14 Associate Justices; can sit en banc or in divisions (3, 5, or 7 members).
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Vacancy Filling: Vacancies filled within 90 days.
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Supreme Court Decisions (En Banc): Cases involving treaty, agreement constitutionality, presidential decrees and other regulations require majority of members voting.
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Supreme Court Decisions (Divisions): Majority of members participating in deliberations and voting (with at least 3 members concurring) are required. Decisions require at least 3 members concurring in divisions
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Court Decisions Reversal/Modification: Decisions made by an en banc court or division can only be reversed or modified by an equally comprehensive court decision (en banc only)
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Original Jurisdiction: Supreme Court directly hears cases affecting ambassadors, public ministers, consuls, and petitions for writs like certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
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Appellate Jurisdiction: Supreme Court reviews, revises, reverses, modifies, or affirms final judgments of lower courts (according to law and court rules).
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Supreme Court Powers Continued: Authority to oversee constitutional validity of treaties, executive agreements, laws, decrees, proclamations, orders, instructions, ordinances, and regulations; legality of taxes, imposts; lower court jurisdiction; criminal cases with reclusion perpetua or above; and cases only involving errors of law.
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Administrative Supervision: Oversight of all courts and personnel.
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Judicial Appointments and Qualifications: Natural-born citizens, at least 40 years old, 15 years experience as lower court judge or Philippine Bar practicing lawyer.
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Other Courts' Judge Qualifications: Citizens, member of the Philippine Bar
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Judicial Integrity & Independence: Proven competence, integrity, probity, and independence crucial for judicial members.
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Judicial and Bar Council: Independent body advising on judicial appointments
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Judicial Appointments: President appoints from short-list generated by JBC
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Judicial Salaries: Law sets salaries, unchangeable during term.
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Judicial Service Duration: Judges hold office during good administrative behavior until they reach 70 or are incapacitated. Supreme Court disciplines lower court judges; dismissal possible by a majority vote.
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Judicial Function Restrictions: No judges can be assigned to quasi-judicial or administrative agencies.
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Court Decision Process: All members must consult. Every decision must state its facts and laws.
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Case Resolution Timeframes: Cases need to be reviewed/decided within specific time frames for all courts
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Case Submission: All cases after 1987 constitution passed are subject to set deadlines for lower courts
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Case Filing: All cases are considered submitted for adjudication when last pleading, brief or memorandum required by the Rules of Court or court itself are filed.
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Appeals and Reconsiderations: No appeal or reconsideration may be denied without stating legal reasons
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Reports: Judiciary must submit annual reports to the President and Congress.
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Description
Explore the essential components of the judicial branch, including the structure and powers of the Supreme Court and lower courts. This quiz covers judicial power, fiscal autonomy, and the composition of the Supreme Court. Test your knowledge on the functionalities and regulations that govern the judiciary.
