The Judicial Branch and Judicial Power

The Judicial Branch

• The judicial branch is a country's court system
• It is responsible for interpreting and applying the country's laws in specific cases
• It can strike down laws that it deems unconstitutional

What is Judicial Power?

• Judicial power allows the judiciary to interpret and apply laws
• It resolves disputes
• It ensures adherence to the rule of law
• It is a fundamental aspect of governance
• It operates within the framework of constitutional provisions

Traditional Adjudicatory Power

• This involves resolving actual disputes
• Rights and liabilities of parties are determined based on existing laws.
• Courts handle cases that involve legally demandable and enforceable rights
• Controversies are concrete rather than hypothetical or abstract.
• Adjudicatory power is judicial power
• This is an essential component of the judicial branch

Attributes of Judicial Power

• Judges must be free from undue influence or interference from other branches of government or external pressures

Checks and Balances

• The judiciary acts as a check on the legislative and executive branches
• It ensures that their actions are lawful and constitutional

Competence, Integrity, and Probity

• Judges should possess these qualities to ensure fairness, impartiality, and trust in the judicial system.
• Example: The impeachment of Chief Justice Renato Corona in 2012

Impartiality

• Judges must make decisions based solely on the law and facts
• Decisions made without any bias or prejudice toward any party

Due Process

• The judicial system ensures that all parties involved have a fair chance to be heard
• Each party can present their case, and have access to legal protection

Rule of Law

• The judiciary upholds the principle that everyone, including government officials, is subject to the law

Promulgating Rules

• Courts can establish rules of procedure and practice for effective administration of justice

Qualifications and Tenure

• Judges must meet specific qualifications and have secure tenure to ensure their independence
• Article VIII, Section 2 of the Philippine Constitution outlines the qualifications for a Supreme Court Justice
• Requirements include being a natural-born citizen and at least 40 years old
• Fifteen years of experience as a judge or practicing law is required

Administrative Supervision

• The judiciary supervises its internal administration
• This ensures the smooth functioning of the judicial system
• The Supreme Court's Judicial and Bar Council (JBC) oversees the appointments of judges and justices
• The JBC ensures qualifications and adherence to administrative procedures

Constitutional Amendment

• The judiciary interprets constitutional amendments
• The Philippine Supreme Court’s decision in 2006 upheld the validity of a constitutional amendment
• This interpreted Section 1 of Article XVII in relation to constitutional amendments and reforms.

Establishing Lower Federal Courts

• The judiciary holds the power to establish lower courts
• This allows for the decentralized administration of justice

Clemency Power

• The Judiciary does not have the power to grant clemency
• This is an execuitive power

Directive Principles of State Policy

• The judiciary cannot enforce directive principles of state policy
• These principles are non-justiciable, so not subject to judicial intervention.

Impeachment

• Judges can be impeached for misconduct or incompetence
• This ensures accountability and maintaining the integrity of the judicial branch
• The impeachment of Chief Justice Renato Corona in 2012 is an example
• Judges can be held accountable for misconduct and violation of ethical standards

Judicial Review

• This is the power of the courts to declare laws or actions unconstitutional
• The Supreme Court's decision in the RH Law case (2014) upheld the constitutionality of the Reproductive Health Law
• The decision struck down certain provisions as unconstitutional

Limitations on Judicial Power

• Judicial power is not unlimited
• Constitutional Boundaries: Courts must operate within the scope defined by the Constitution and laws
• Doctrine of Separation of Powers: judicial power must respect the independence of other branches unless grave abuse is evident
• Jurisdictional Constraints: Courts can only act within their legally defined jurisdiction

Expanded Power of Judicial Review

• The judiciary reviews and nullifies actions of any branch or instrumentality of government
• Review if they involve grave abuse of discretion that reflects a lack or excess of jurisdiction,
• Review even if not exercising judicial, quasi-judicial, or ministerial functions
• This concept was introduced in the 1987 Philippine Constitution under Article VIII, Section 1
• It broadened the traditional scope of judicial power.

Purpose of Expansion Aims

• Strengthen judicial oversight as a check against potential overreach or abuse by other branches
• It ensures that no governmental action escapes scrutiny if it violates constitutional provisions or exceeds lawful authority

Significance

• Enhances the judiciary's role as a guardian of constitutional rights and the rule of law
• The purpose provides citizens with a broader avenue for challenging governmental actions
• Actions that may infringe upon rights or exceed legal limits

Grave Abuse of Discretion

• Courts can intervene when a government entity acts in a capricious, arbitrary, or grossly excessive manner
• Effectively violating constitutional limits or legal mandates

Scope Beyond Political Questions

• Courts typically refrained from reviewing matters classified as "political questions" prior to this expansion
• These questions are seen as the exclusive domain of the executive or legislative branches
• The expanded power lets courts address these issues if grave abuse of discretion is involved

Certiorari Jurisdiction

• The expanded authority is "expanded certiorari jurisdiction,"
• Courts review not only lower court decisions but also actions by administrative agencies, executive officials, and even legislative acts for compliance with constitutional principles

Limits of Judicial Power

• Essential to upholding the rule of law and constitutional governance
• Subject to several limitations to ensure it does not overreach or disrupt the balance of power
• Rooted in constitutional principles, statutory provisions, and doctrines of judicial restraint

Constitutional and Statutory Limits

• The judiciary in the Philippines can only exercise authority within the bounds established by the Constitution and laws
• Courts cannot act beyond the powers explicitly conferred upon them by law
• Article VIII, Section 1 of the 1987 Philippine Constitution explicitly provides that the judiciary "shall have the power to decide cases involving rights or disputes"
• Jurisdiction is explicitly defined

Jurisdictional Limits

• Courts must operate within their legally defined jurisdiction
• If a court issues a decision outside its jurisdiction, that ruling is considered null and void.
• The Philippine Supreme Court has limited jurisdiction over political questions and matters reserved for the executive or legislative branches
• A case outside the court’s jurisdiction will be dismissed for lack of authority to hear

Justiciability Doctrine

• Courts can only decide cases that involve actual controversies with enforceable rights.
• They cannot entertain hypothetical or abstract questions.

Doctrine of Separation of Powers

• Judicial power must respect the independence of the executive and legislative branches
• Courts should not interfere with areas exclusively delegated to these branches unless grave abuse of discretion is proven

Standing to Sue

• Only parties with a direct and tangible interest in a case can bring it before the courts
• This prevents frivolous lawsuits and ensures that judicial resources are used for legitimate disputes

Doctrine of Judicial Restraint

• Courts often refrain from deciding cases that are not ripe for judicial determination
• Courts often refrain from deciding ones that involve political questions better left to other branches

Congressional Oversight

• Legislatures can regulate judicial processes, including defining jurisdiction, procedural rules, and remedies available through courts
• Congress can limit or restructure judicial powers if necessary

Limits on Judicial Independence

• Judges must remain impartial, and their independence is not absolute
• They are bound by legal precedents, procedural rules, and accountability mechanisms like impeachment for misconduct

Independence Guarantees

• The independence of the judiciary is guaranteed by constitutional provisions and legal frameworks
• These frameworks ensure judges can make decisions without external interference or pressure

Separation of Powers

• The 1987 Philippine Constitution clearly establishes the separation of powers among the three branches of government (executive, legislative, and judicial)
• This ensures a system of checks and balances.
• Article VIII, Section 1: Establishes the Judiciary as a separate branch
• "The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law."
• Each branch has distinct and independent powers and functions
• Branches prevent one branch from encroaching on others' functions

Judicial Tenure and Security

• The 1987 Philippine Constitution guarantees the security of tenure for judges to safeguard judicial independence
• Judges can only be removed through the process of impeachment for serious misconduct or until a mandatory retirement age
• Article VIII, Section 11: "The members of the Supreme Court and lower courts shall hold office during good behavior until they reach the age of seventy (70), unless removed for cause as provided by the Constitution."

Fiscal Autonomy

• The judiciary in the Philippines has fiscal autonomy
• Meaning it can control its own budget without interference from the executive or legislative branches
• This ensures that the judiciary has the resources needed to perform its constitutional duties

Immunity and Inviolability

• The 1987 Philippine Constitution provides certain immunities and protections for judges while performing their judicial duties
• Judicial immunity in the Philippines is not absolute
• Judges can be held accountable through impeachment or criminal proceedings for actions outside their judicial capacity

Legal and Operational Guarantees

• Constitutional Enshrinement: the independence of the judiciary is enshrined in the Constitution
• Through provisions that guarantee the separation of powers and fiscal autonomy of the judiciary

Statutory Protections

• Laws and statutes, such as the Judiciary Reorganization Act and the Rules of Court, provide additional safeguards
• Safeguards define the legal framework for judicial independence

Judicial Ethics and Recusal

• Judges in the Philippines adhere to judicial ethics
• There is a duty to recuse themselves from cases with potential conflicts of interest
• This ensures impartiality and fairness in decision-making