# Bayanihan Constitution/Article IX

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Source: Full text: Consultative Committee's draft federal constitution. The Philippine Star.
ARTICLE IX JUDICIAL DEPARTMENT
SECTION 1. The judicial power shall be vested in the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, and in other 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; Provided, that the Federal Constitutional Court may render advisory opinions on constitutional questions properly referred to it in accordance with Section 12 of this Article; Provided further, that the Federal Administrative Court may render advisory opinion on whether the Federal Commission on Elections has complied with the processes, procedures, and preparations relative to the conduct of the elections in accordance with subparagraph (b), Section 15 of this Article.
SECTION 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court of their respective jurisdiction over cases or matters conferred on them in the Constitution.
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 and, through the Chief Justices of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court, shall have the power to augment any item in the general appropriations law for their respective offices from savings in other items of their appropriations, except the grant of additional bonuses and incentives to their officials and personnel.
Appropriations for the Judiciary shall not be reduced by the legislature below the amount appropriated for the previous year. After approval, the appropriation shall be automatically and regularly released.
SECTION 4. Subject to additional qualifications prescribed by the Constitution, all members of the Judiciary must be persons of proven competence, integrity, probity, and independence.
The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.
SECTION 5. (a) The Members of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court and the Federal Electoral Court shall serve for a term of twelve (12) years or until they reach the age of seventy (70) years, whichever comes first, or become incapacitated to discharge the duties of their office. All other justices of the collegiate courts and judges of lower courts shall hold office during good behavior until they reach the age of seventy (70) years or become incapacitated to discharge the duties of their office.
(b) No law increasing or decreasing the jurisdiction of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court shall be enacted without their advice and consent.
(c) Decisions, orders, and resolutions of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court, shall be final and executory.
(d) The salary of the Chief Justice and Associate Justices of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court, and the salary of the judges of lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased. Neither shall their retirement and other benefits be reduced.
(e) The Members of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court, and the other courts established by law shall not be designated to any agency performing quasi-judicial or administrative function.
SECTION 6. The Federal Supreme Court shall be composed of a Chief Justice and eight (8) Associate Justices of whom three (3) including the Chief Justice, shall be appointed by the President, three (3) Associated Justices by the Commission on Appointments, and three (3) by the Federal Constitutional Court en banc. Each appointing authority may adopt its own selection process. All such appointments shall not require confirmation. Any vacancy shall be filled within ninety (90) days from the occurrence thereof by the same appointing authority; Provided, that no appointment shall be made three (3) months before a Presidential election up to the end of the term of the incumbent President.
SECTION 7. No person shall be appointed member of the Federal Supreme Court, unless he is a natural-born citizen of the Philippines, at least fifty (50) years of age on the date of his appointment, and must have been for fifteen (15) years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
All cases and administrative matters before the Court shall be decided en banc with the concurrence of at least five (5) of its members.
SECTION 8. The Federal Supreme Court shall have the following powers:
(a) Exercise original jurisdiction over cases:
    1) Involving conflicts between branches and agencies within the Federal Government, conflicts between the Federal Government and the Federated Regions, and conflicts between and among the Federated Regions;
    2) Involving ambassadors, other public ministers and consuls; and
    3) Involving petitions for certiorari, prohibition, mandamus, quo warranto.
(b) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, cases involving:
    1) Final judgments and orders of lower courts except those within the exclusive jurisdiction of the Federal Constitutional Court, Federal Administrative Court, or of the Federal Electoral Court;
    2) The jurisdiction of any lower court;
    3) The legality of any tax, impost, assessment, or toll, or any penalty imposed in relation there to;
    4) Criminal offenses in which the penalty imposed is reclusion perpetua or higher; and
    5) Error or question of law.
(c) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six (6) months without the consent of the judge concerned.
(d) Order a change of venue or place of trial to avoid a miscarriage of justice.
(e) Promulgate rules concerning pleading, practice, and procedure in all courts, except the Federal Constitutional Court, Federal Administrative Court, and Federal Electoral Court, 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.
(f) Subject to the power of Congress to legislate, the Federal Supreme Court may also promulgate rules concerning the protection and enforcement of constitutional rights.
(g) To appoint all justices and judges of the lower courts upon recommendation by the Judicial Appointments and Disciplinary Council.
(h) To appoint all officials and employees of the Federal Supreme Court and of all the lower courts in accordance with the Civil Service Law.
(i) Exercise administrative supervision over all courts and the personnel thereof. This includes the power to dismiss and suspend its officials and employees, justices of the lower collegiate courts, and judges of lower courts, upon recommendation of the Judicial Appointments and Disciplinary Council.
SECTION 9. The Federal Constitutional Court shall be composed of a Chief Justice and eight (8) Associate Justices of whom three (3), including the Chief Justice, shall be appointed by the President, three (3) shall be appointed by the Commission on Appointments, and three (3) shall be appointed by the Federal Supreme Court. All such appointments shall not require confirmation. Any vacancy shall be filled within ninety (90) days from the occurrence thereof by the same appointing authority; Provided, that no appointment shall be made three (3) months before a Presidential election up to the end of the term of the incumbent President.
SECTION 10. No person shall be appointed Member of the Federal Constitutional Court unless he is a natural-born citizen of the Philippines, a recognized expert in constitutional law, at least fifty (50) years of age at the time of his appointment, and for not less than fifteen (15) years, a judge of a lower court or engaged in the practice of law in the Philippines.
It shall sit en banc, and decide all cases and matters before it with the concurrence of at least five (5) members.
SECTION 11. The Federal Constitutional Court shall have the following powers:
(a) Exercise exclusive and original jurisdiction over:
    1) Disputes involving the constitutionality of a law, treaty, international or executive agreement, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, administrative issuances by the Federal Government or any of its departments and agencies, as well as the laws of the legislative assemblies of the Federated Regions, and the acts and issuances of their executive departments;
    2) Any dispute or matter involving questions of constitutionality.
(b) Exercise original jurisdiction over cases involving writ of habeas corpus, writ of amparo, writ of habeas data, and writ of kalikasan.:
(c) Hear and decide impeachment cases; Provided, that a judgment of conviction must be concurred in by at least six (6) members. However, when a member of the Constitutional Court is impeached, the Federal Administrative Court shall act as the Impeachment Court. A judgment of conviction must be concurred in by at least six (6) of its members.
(d) Appoint all officials and employees of the Federal Constitutional Court in accordance with the Civil Service Law and exercise administrative supervision over all its personnel, including the power to dismiss and suspend its officials and employees upon recommendation of the Judicial Appointments and Disciplinary Council.
(e) Promulgate rules concerning pleading, practice, and procedure before it.
(f) Exercise such other functions as may be conferred upon it by law.
SECTION 12. The Federal Constitutional Court may, with leave, render advisory opinion when sought by:
(a) The President, Senate President, or Speaker of the House of Representatives on the constitutionality of any enrolled bill of paramount importance; Provided, that the favorable opinion of the Court notwithstanding, and when such bill has become a law, any citizen of the Philippines may still question the validity if he claims it is unconstitutional as applied to him;
(b) The Chairman of the Federal Commission on Elections on the constitutionality of any proposal to amend or revise the Constitution or enact, amend, or repeal any federal law by people's initiative.
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