A BRIEF DISCUSSION ABOUT POLITICAL SCIENCE PARTICULARLY IN ARTICLE 8

1. Political Science
Article 8

2. BY: RODELYN V. ALPAY
2A-1 BEED

3. JUDICIARY

4. Judicial Power
 refers to the authority exercised by the
government which is charge with the
declaration of what the law is and its
construction.
is the power of the court to decide and
pronounce a judgment and carry it into effect
between persons and parties who bring a case
before it for decision.

5. Judicial Power
 is the authority of the court to hear and
decide all cases brought before it applying
appropriate laws sufficient to settle
controversies .

6. Judicial Review
 Is the power of the courts to test the validity
of the executive and legislative acts in light of
their conformity with the Constitution.

7. Judicial Review
҉ Requisites ҉
1. ACTUAL CASE or Controversies
2. Constitutional question must be raised in
proper party.
3. Constitutional question must be raised at
earliest opportunity
4. Determination of constitutionality of the
statute must necessary to the final review.

8. Judicial Review
҉ Functions ҉
1. Checking
2. Legitimizing
3. Symbolic

9. Duties of the Court of Justice
 The Supreme Court is composed of a chief
justice and fourteen (14) associate justices.

10. Qualifications of Justice of the
Supreme Court
 a natural-born citizen
 at least 40 years of age
 must have been for 15 years or more a judge
of lower court
 a member of the Judiciary must be a person
of a proven competence, integrity, probity,
and independence.

11. Judges of Lower Court
 a citizen of the Philippines
 a member of the Philippine Bar
 a member of the judiciary must be a person
of proven competence, integrity, probity, and
independence.

12. Specific Qualification of Lower Courts
 Presiding Justice and Associate Justices of the
Court of Appeals Justice
 Regional Trial Court Judges
 Metropolitan, Municipals, and Municipal
Circuit Trial Court Judges

13. Lower Courts
 Regional Trial Court
 Sandiganbayan
 Municipal Trial Court
 City Trial Court
 Court of Tax Appeals
 Sharia Court

14. Tenure of Office of the Judiciary
1. Members of Supreme Court and judges of
lower courts shall enjoy their offices during
good behavior.
2. Members of Supreme Court shall enjoy the
office until they are removed in the long and
difficult process of impeachment.

15. Tenure of Office of the Judiciary
3. Members of Supreme Court and judges of
lower courts shall hold office until they reach
the age of 70 years or become incapacitated.
4. Members of the lower courts shall continue
their office until dismissed by members of
Supreme Court on a probable cause.

16. Vacancy in Supreme Court
 in case of vacancy or inability to perform the
duties and powers of his office, they shall
devolve upon the Associate Justice who is first
in precedence, until such disability is removed
or another chief justice is appointed and duly
qualified.

17. Kinds of Jurisdiction
 Original Jurisdiction- refers to the authority
or power of the court to hear and decide any
legal controversy brought for the first time.
 Appellate Jurisdiction- refers to the authority
of the court to take action on a case appealed
before it, which was previously decided by the
lower courts.

18. Kinds of Jurisdiction
 General Jurisdiction- refers to the general
empowerment extended to a court to hear,
try, and decide all cases, except those
disputes and controversies expressly
assigned to the other courts of justice.
 Limited Jurisdiction- refers to the court’s
authority to decide on all disputes limited to
specified cases, like Court of Tax Appeals.

19. Kinds of Jurisdiction
 Exclusive Jurisdiction- refers to the court’s
sole jurisdiction to decide on a case, which
cannot be tried by any other court.
 Concurrent Jurisdiction- refers to the
jurisdiction of one or two or more courts to
hear, try, and decide case.

20. Jurisdiction of the Supreme Court
1. Original Jurisdiction
a. For special civil actions, the Supreme Court
assumes original jurisdiction over petitions
for:
- Certiorari
- Prohibition
- Mandamus
- Quo Warranto

21. Jurisdiction of the Supreme Court
b. Ambassador, others public ministers, and
consuls
 The Concept of Grave Abuse of Discretion
- Justiciable Question
- Political Question
2. Appellate Jurisdiction
3. Rule Making Power

22. Sitting Procedure of the
Supreme Court
 The Supreme Court may sit en banc (as a
whole body) or in divisions of three , five, or
seven members.

23. Composition and Function of
Judicial and Bar Council
a) Chief justice as ex-officio chairman
b) The Secretary of Justice as ex-officio
member.
c) a representative of the Congress as ex-officio
member.
d) a representative of an Integrated Bar of the
Philippines.
e) A professor of law.

24. Composition and Function of
Judicial and Bar Council
f) a retired member of the Supreme Court
g) a representative of the private sector
h) Clerk of the Supreme Court