Article 8

• Shall be vested in one supreme court and such lower courts as established by the law

  Judicial department
• Judicial power 


  Power and duty of court to interpret as well as apply the laws
• The judiciary is composed of judges who are appointed by the president with the consent of the senate
• Judicial power


  It encapsulates, settling actual controversies regarding rights which are legally demandable and enforceable; determine if there is grave abuse pf discretion amounting to lack or excess jurisdiction on any branch of the government
• Power of judicial review

  To pass upon the valudity and constitutionality of the state kaws and deparment acts; interpret; rebder binding judgements
• Incidental powers


  Necessary to effective discharge of judicial functions such as punishing a person adjudged in contempt
• Right 


  Power or privilege given to an individual(obligee/tagasunod) aligned to law demanding action or forbeadance from one another (susundin/obligor)
• Hraved abuse of discretion


  Judicially defined to mean such capricious ahd arbitrary exercise of judgement as is equivalent, in the eyes of law, to lack of jurisdiction
• Judicial tribunals

  The one that wuestions president and the congress if they abuse their power
• Executive officials

  Nudiciary is entrusted by the constitution with function of deciding actual cases and controversies
• Doctrine of separation of powers

  Calls for other departments being left alone to discharge their duties as they see fit
• Pendency of many actual cases

  Due to so much pending cases, it most likely not serve public interest
• Supreme court

  Highest acourt of land; the decision made in this binds all lower tribunals
• classification of court

  Supreme court- constitutional court; sandigan bayan and other courts - statutory courts (lower courts as they are below supreme court)
• Creation and abishon of courts by the congress

  Exercising the legislative power, Congress may abolish any lower courts, subject to the limitation of reprganization shall not undermine the security of tenure; cannot abolish supreme court niether can create one because the constitution provides for only one; miether can it abolish sandigan bayan as it is recognized by the constitution, although function and jurisdiction may vary depending on the congress
• Regular court


  Supreme court is at the APEX of the pyramid formed by the heirarchy of courts in the philippine hudicial system
• Court of appeals


  Woth 69 justices headed by a presiding justice which operates 23 division, all of which is consist of 3 members. Sit en banc only exercise administrative, ceremonial, or other non adjudicatory function
• 720 regional trial judges, in each of the 13 regions

  Regional trial court
• Metropolitan trial court

  MCTC in wach area is defined as municipal circuit comprisingbone or more cities and/or one or more municipalities grouped together according to the law
• Special courts

  Under present law these are other courts that exists
• Sandiganbayan

  Consist of 14 justices and a presiding justice, operates in 5 divisions in members of 3 (created by presidential decree 1606 to the mandate of 1973 consti (it shall continue to function and exercise its jurisdiction
• The court of tax appeals

  Created with 5 justices and oreciding justice under no 1125 amended by 9282, review on appeal of commisiiner of internal revenue involving rev. Taxes and decisions of the commissioner of customs involving custom duties.
• P.D. 1073 aka code of muslim personal laws of the philippines, created a judicial system, limited to Shari'a district courts enjoying same privileges with RTC shari'a circuit courts presided by circuit judge similar to judge of municipal circuit courts
• Importance of judiciary

  Confidence in certain and even administration of justice, preservation pf the government, emresoect for law and order
• Quasi and quasi judicial

  In certain sense=quasi, in reality judicial in nature except performed nit by regular courts but ny administrative bodies/agencues under the executive branch and are rhus referred to as quasi judicial buddies
• True judicial independence

  Imies indipendence Not only as member of government but any other institution, organization, person.
• Judiciary has the power to define, prescribe, and apportion the jurisdiction of various courts vested by constitution on congress.
• Jurisdiction

  is the power and authority of the court to hear, try, and decude a case
• General jurisdiction

  Empowered to decide all disputes which kay ckme before it exceot those assigned to othwr courts
• Linited jurisdiction

  Has the authority to hear and determine only a few soecified cases
• Original jurisdiction

  Try and decide on cases presented for the first time; nay be exclusive or concurrent
• Appellate jurisdiction

  Takes the case hward and already decided in lower courts removed from latter by appeal
• Exclusive jurisdiction

  It can try and decide a case which cannot be presented before any court
• Concurrent jurisdiction

  Any two or more courts may take cognizance of a case
• Criminal jurisdiction

  Which exists for the punishment of crime
• Civil jurisdiction

  Exists when the subject matter is not of a criminal nature
• Supreme court

  Composed of 14 associate justices and a chief justice sitting on en banc or in its discretion three five or seven members
• En babc or in division

  It is now tge supreme court decided wether or not it will sit in divisions. Quorum is 8, votes of 5 is sufficient for rendering decisions
• Executive agreement

  Agreement entered by president in behalf of the country not much different from treaty.
• Purely as executive acts

  affecting external relations and independent of legislative authorization