Summary

This document outlines the structure and functions of the Philippine Judiciary, including the Supreme Court and lower courts. It details the powers and responsibilities of the courts, emphasizing judicial independence and the process of legal decision-making. Sections on judicial appointments, salaries, and terms of office are also included.

Full Transcript

**Section 1.** The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whet...

**Section 1.** The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. **Section 2.** The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. **Section 3.** The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. **Section 4.** 1. 2. 3. **Section 5.** The Supreme Court shall have the following powers: 1. 2. 1. 2. 3. 4. 5. 3. 4. 5. 6. **Section 6.** The Supreme Court shall have administrative supervision over all courts and the personnel thereof. **Section 7.** 1. 2. 3. **Section 8.** 1. 2. 3. 4. 5. **Section 9.** The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issued the appointment within ninety days from the submission of the list. **Section 10.** The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law. During the continuance in office, their salary shall not be decreased. **Section 11.** The Members of the Supreme Court and judges of the lower court shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted in thereon. **Section 12.** The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative function. **Section 13.** The conclusions of the Supreme Court in any case submitted to it for the decision en banc or in division shall be reached in consultation before the case the case assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate court. **Section 14.** No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. **Section 15.** 1. 2. 3. 4. **Section 16.** The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

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