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The various courts but may not deprive the Supreme court of its jurisdiction over
cases enumerated of Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the

security of tenure of its Members.

Power to apportion jurisdiction of various courts vested in Congress

Jurisdiction is the right in the authority of court to hear and decide the
case.

Congress may pass laws governing the jurisdiction of various courts.

However, there are at least two (2) limitations to the exercise of this power,
namely:

(1) Congress cannot take away or diminish the jurisdiction of the

Supreme Court over cases enumerated in Section 5 (infra.); and
(2) Any law reorganizing the judiciary must not affect the right of the
justices and judges to their positions as guaranteed in Section 11.

SEC. 3. The judiciary shall enjoy fiscal autonomy. Appropriations for

the judiciary may not be reduced by legislature below the amount
appropriated for the previous year and after approval, shall be
automatically and regularly released.

Fiscal autonomy enjoyed by judiciary

Under section 3, it means that the funds for the operation of the judiciary
may be increased but not reduced. It should not be lower than the amount
appropriated in the preceding year. Once approved into law, the appropriation
shall be automatically and regularly released without the Supreme Court having
to request the President or the budget officials for their release. Section 3 thus
further promotes the independence of the judiciary.

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Section 4. (1) The Supreme Court shall be composed of a Chief

Justice and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members. Any vacancy
shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or

executive agreement, or law, which shall be heard by the Supreme
Court en banc, and all other cases which under the Rules of Court are
required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of
the Members who actually took part in the deliberations on the issues
in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved

with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon,
and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall
be decided en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in division may
be modified or reversed except by the court sitting en banc.

Composition of the Supreme Court

The new Constitution retains the membership of the Supreme Court of

fifteen years (15) members including the Chief Justice under the 1973 Charter
(Sec. 4 [1].) to cope with the
 158

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors,

other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as

the law or the Rules of Court may provide, final judgments and orders of
lower courts in:

(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion

perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public

interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of

justice.

(5) Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
 rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance

with the Civil Service Law.

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Jurisdiction of the Supreme Court

(1) Original Jurisdiction – When a court hears a case for the first time, it
is said that it has “original jurisdiction.” Number (1) of Section 5 states the
cases which can be filed or brought directly to the Supreme Court. The
“ambassadors, etc.” mentioned refer to representatives assigned by a
foreign country to the Philippines.
(2) Appellate Jurisdiction – When a court reviews a decision rendered
by a lower court, it has what is termed “appellate jurisdiction.” Under our
laws, a judgement rendered by lower court (e.g., Municipal Trial Court)
may be appealed to the next higher court (i.e., Regional Court then to the
Court of Appeals) by the party who does not agree with the same. No. (2)
Enumerates the cases, decisions on which by any lower court, must be
appealed directly to the Supreme Court.

Assignment of judges of lower courts to other stations

The station of judge is the place (municipality, city or region) where he is

assigned by law to hold trials or hearings.

(1) The temporary assignments of judges of lower courts to other

stations may be made only by the Supreme Court. (Sec. 5 [3].) This further
strengthens the independence of the courts. Before, such transfer could be
made by the Secretary of Justice who was and is under the President.
(2) If the temporary assignment of a judge is for a period longer than six
(6) months, it must be made with his consent. This rule allows the
temporary assignment of a judge to a station where there are many
pending cases and at the same time protects the right of a judge to have
permanency at a station by refusing an assignment beyond said period
and time.
Change of venue or place of trials

The Supreme Court may order a change of location or place of trial if it is

not possible to hold free, impartial trial at said place and miscarriage of justice
may occur. (Sec. 5 [4].) This may be done for example, where the accused is
very powerful and influential at the place of trial and the witnesses are not willing
to testify because of the threats to their lives.

Rule-making power of the Supreme Court

The Supreme Court is given the Legislative authority to promulgate rules

concerning matters mentioned in Section 5 (5).

The rules promulgated are called “The Rules of Court.” They have the
force and effect of a law passed by Congress. Their purpose is to “provide a
simplified and inexpensive procedure for the speedy disposition of cases.”

Substantive and procedural law/rights distinguish

(1) Substantive law is that part of the law which tells us our rights
concerning life, liberty or property or the powers of agencies or offices of the
government.
Adjective or remedial or procedural law is that part of the law which
prescribes the method or manner of obtaining redress or reparation for violation
of rights. It is found primarily in the Rules of Court promulgated by the Supreme
Court. For example, the law that says that a creditor has a right to be paid by
his debtor is substantive law, while the law that tells him what he shall do to
enforce his right is adjective law.
(2) Substantive rights are rights declared by substantive law. Procedural
rights on the other hand, refer to the ways or means by which an injured party,
whose have been violated, may bring his case in court until it is finally decided.
They are the rights declared by adjective law. (See Sec 5[5].)

Appointment of officials and employees

It is the Supreme Court, not the President, that appoints all officials (other
than the justices and judges) and employees in the judiciary. (Sec.5[6].) Again
this authority further promotes its independence. (Sec.6.)
 SEC.6. The Supreme Court shall have administrative supervision over all
courts and personnel thereof.

Administrative supervision over lower courts

The Supreme Court exercises administrative supervision over all courts
from the Court of Appeals down to the lowest courts and the personnel thereof.
Previously, this was exercised by the President through the Secretary of
Justice. Now, It is no longer possible for politicians to interfere in the internal
affairs of the judiciary.
SEC.7. (1)No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is natural-born citizen of the Philippines. A
member of the Supreme Court must be at least forty years of age, and must
have been for fifteen years or more a judge of a lower court or engaged in the
practice of law in the Philippines.
(2)The Congress shall prescribe the qualifications of judges of lower
courts, but no person may be appointed thereof unless he is a citizen of the
Philippines and a member of the Philippine
(3)A member of the Judiciary must be a person at proven
competence integrity, probity, and independence.
162
Qualifications of members of the judiciary
(1) Collegiate Courts –The qualifications for members of the Supreme
Court and any lower collegiate court. (i.e. the Sandiganbayan, Court of appeals,
and the Court of tax appeals which are composed of more than one member)
are provided in Nos. (1) and (3) of the above provisions. Note that they are
required to be natural-born citizens. (see Art.IV Sec.3.)
(2) Other Lower Courts -
165-166

a majority of the members who actually took apart in the deliberations on the
issues in the case and voted thereon.

Tenure of office of members of the judiciary

Members of the judiciary shall hold office during good behaviour until they
reach the age of seventy (70) or become physically or mentally unable to
discharge the duties of their office. Thus, they enjoy security of tenure, meaning
they cannot be removed except by the Supreme Court for misbehaviour as
provided in Section 11.

Members of the Supreme Court can only be removed by impeachment. (see

Art. XI, Sec.2.)

SEC.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 functions.

Prohibition against designation to quasi-judicial and/or administrative

agencies

It is prohibited to appoint or designate members of the judiciary to other officers

or agencies of the government. With so many pending cases in courts, such
designation which was common during a past administration, would contribute to
further delays in their disposition.

SEC.13. The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the case is
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, dissented, or abstained from a decision or resolution must state the
reason there for. The same requirements shall be observed by all lower
collegiate courts.
166-167

Procedure in rendering decisions

Section 13 prescribes the manner by which the conclusions of Supreme Court

and all lower collegiate courts (composed of more than one justice, i.e, Sandigan
bayan Court of Appeals, and Court of tax Appeals) in any case submitted to them
for decision shall be arrived at.

The purpose of this provision is to prevent the practice of having only one
member study the facts of a case after which, when a decision has been
reached, other members merely affix their signatures. The Constitution demands
that all members study the cases thoroughly to insure that the decision is one
that has been reached after an exchange of views and ideas among the
members.

Requirement in case of non-participation, dissent, or abstention

Any member of the Supreme Court or a lower collegiate court who took no part,
or dissented, or abstained from a decision shall state the reasons for his non-
participation, dissent or abstention.

(1) The dissenting opinion, if well-reasoned, may influence the Supreme

Court, and even become the majority opinion in the decision of future and
similar cases.
(2) It is the duty of every member of a collegiate court to take part in the
study of every case presented before it. If he abstain from or does not take
part in its decision, he must give his reasons, for his vote could have
resulted in a different decision.

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 there for.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution
must be decided or resolved within twenty-four months from date of
submission for the Supreme Court, and, unless reduced by the Supreme
Court, twelve months for all lower collegiate courts, and three months for all
other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required by the
Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this

effect signed by the Chief Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why a decision or
resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter submitted
thereto for determination, without further delay.

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Maximum periods for rendition of decisions

The various courts must decide a case or matter submitted to them within
the following periods from the date of submission (counted from the date the
hearing or trial is terminated) for decision.

(1) Supreme Court- within twenty-four (24) months;

(2) The Court of Appeals and other collegiate appellate courts- within
twelve (12) months unless reduced by the Supreme Court; and
(3) Lower courts- within three (3) months unless reduced by the Supreme
Court. (Sec.15 [1],.)

The time limitations established above implement the right of party

litigants to speedy justice. (see Art. III, Sec.6,.)

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.
Submission of annual report

The above provision requires the Supreme Court to submit to the

President and Congress an annual report on the operations and activities
of judiciary. Through such report and the recommendations that the
Supreme Court may make, the President and Congress may be guided in
proposing or in the enactment of legislations affecting the courts. It is
these two organs that determine appropriations for the expenses of the
judiciary.