# 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.
SECTION 13. The Federal Administrative Court shall be composed of a Chief Justice and eight (8) Associate Justices. The Chief Justice and three (3) Associate Justices shall be appointed by the President, three (3) Associate Justices shall be appointed by the Commission on Appointments, and three (3) by the Federal Supreme Court en banc. 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 14. No person shall be appointed Member of the Federal Administrative Court, unless he is a natural-born citizen of the Philippines, at least fifty (50) years of age at the time of his appointment, a recognized expert in administrative law, and must have been for at least fifteen (15) years, a judge of a lower court, or engaged in the practice of law.
In all cases and matters brought before it, the Federal Administrative Court in accordance with its rules, may sit en banc or in divisions of three (3) justices each, and decisions shall be reached by concurrence of a majority of the court en banc or the division, as the case may be.
SECTION 15. (a) The Federal Administrative Court shall exercise exclusive jurisdiction to review on appeal or certiorari, in accordance with its rules, the decisions, judgments, or final orders or resolutions of the Federal Civil Service Commission, the Federal Commission on Elections, the Federal Commission on Audit, the Federal Commission on Human Rights, the Federal Ombudsman Commission, and the Federal Competition Commission, and of all administrative and quasi-judicial bodies in the Federal Republic.
(b) It shall, with leave, render an advisory opinion, if sought by any political party to determine whether the Federal Commission on Elections has complied with the processes, procedures, and preparations relative to the conduct of any election, which may materially affect its results.
(c) It shall appoint all officials and employees of the Federal Administrative Court in accordance with the Civil Service Law and exercise administrative supervision over all its personnel. This includes the power to dismiss and suspend its officials and employees upon recommendation of the Judicial Appointments and Disciplinary Council.
(d) It shall promulgate rules concerning pleading, practice, and procedure before it.
(e) It shall exercise such other functions as may be conferred upon it by law.
SECTION 16. There shall be a Federal Electoral Court composed of a Chief Justice and fourteen (14) Associate Justices. The Chief Justice and four (4) Associate Justices of the Federal Electoral Court shall be appointed by the President, five (5) Associate Justices by the Commission on Appointments, and five (5) by the Federal Constitutional Court sitting en banc. 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 17. No person shall be appointed Member of the Federal Electoral Court unless he is a natural-born citizen of the Philippines, at least fifty (50) years of age at the time of his appointment, an election law expert, and must not have been a candidate for any elective position in the immediately preceding election.
In all cases and matters brought before it, the Federal Electoral Court, in accordance with its rules it will promulgate, may sit en banc or in divisions of three (3) justices each, and decisions shall be reached by concurrence of a majority of the court en banc or the division, as the case may be.
SECTION 18. The Federal Electoral Court shall have the following powers:
(a) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of the President, Vice President, Members of both Houses of Congress; Provided, that contests relating to the President and Vice President shall be decided by the Federal Electoral Court en banc; Provided further, that contests relating to the Members of Congress shall be heard and decided by the Federal Electoral Court in division and proceedings shall be held within the region where the case arose. Decisions of the Federal Electoral Court shall be reached by the concurrence of a majority of the Court en banc or in Division as the case may be. Any decision of the Court in Division may be elevated to the Court en banc only on questions of law in accordance with its rules of procedure.
(b) Exercise exclusive jurisdiction to review, on appeal or certiorari, all decisions, resolutions, and orders of:
    1) Trial courts of proper jurisdiction in all contests relating to the elections, returns, and qualifications of other elective regional, provincial, city, municipal, and barangay officials; and
    2) The Commission on Elections with respect to all questions affecting elections, including the qualifications of candidates and political parties, and other pre-election controversies, and the conduct of plebiscites and referenda;
(c) Promulgate its own rules of procedure; and
(d) Perform other functions as may be established by law.
SECTION 19. (a) There shall be a Judicial Appointments and Disciplinary Council composed of the following ex-officio members:
    1) Chief Justice of the Federal Supreme Court;
    2) Chief Justice of the Federal Constitutional Court;
    3) Chief Justice of the Federal Administrative Court;
    4) Chief Justice of the Federal Electoral Court;
    5) Chairperson of the Federal Ombudsman Commission;
    6) Court Administrator of the Supreme Court;
    7) A representative from the Senate belonging to the Minority;
    8) A representative from the House of Representatives belonging to the Majority;
    9) Chairperson of the Civil Service Commission;
    10) Chairperson of the Commission on Audit; and the
    11) Secretary of Justice.
(b) The Council shall have the following regular members:
    1) A representative from and designated by the Integrated Bar of the Philippines;
    2) A law professor designated by the Philippine Association of Law Schools;
    3) A representative from and designated by the Association of Generals and Flag Officers; and
    4) A retired member of the Federal Supreme Court to be designated by the Association of the Retired Justices of the Federal Supreme Court.
(c) The regular members shall serve for a term of four (4) years without reappointment and their appointment shall not require confirmation. Any vacancy shall be filled within ninety (90) days from the occurrence thereof by the same appointing authority.
(d) The Chairmanship of the Council shall be rotated every two (2) years in the following order beginning with the Chief Justice of the Federal Supreme Court, the Chief Justice of the Federal Constitutional Court, the Chief Justice of the Federal Administrative Court, and the Chief Justice of the Federal Electoral Court.
SECTION 20. There shall be an Executive Board which shall provide administrative and operational support to the Council. It shall be composed of a Secretary and two (2) Deputy Secretaries. One Deputy Secretary shall be in charge of the Appointments Committee that will screen the qualifications of all the candidates for all the lower courts. The other Deputy Secretary shall be in charge of the Disciplinary Committee that will investigate the complaints against the officers and employees of the judiciary.
SECTION 21. The budget of the Council shall be included in the budget of the Judiciary. The regular members shall receive such emoluments as may be determined by the ex officio members of the Council, in accordance with law.
SECTION 22. The Council shall have the following powers and duties:
(a) To conduct a thorough search and investigation to find the most qualified candidates for the vacant positions for all justices and judges of the lower courts;
(b) To recommend to the proper appointing authority the promotion or transfer of justices and judges;
(c) To investigate disciplinary cases filed against the members, officials, and employees of the Judiciary. It shall submit its findings to the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, or the Federal Electoral Court which shall have final disciplinary authority over their respective officials and employees;
(d) Promulgate its own rules and regulations and publish the same; and
(e) Perform other powers and functions as may be prescribed by law.
SECTION 23. The Court shall decide by a majority vote of all the members sitting en banc. Proxy voting shall not be allowed.
SECTION 24. The conclusions of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court in any case submitted to it for decision shall be reached in consultation before 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 courts.
SECTION 25. 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 26. (a) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four (24) months from date of filing for the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court and, unless reduced by the Federal Supreme Court, twelve (12) months for all lower collegiate courts and, in the case of all other lower courts, three (3) months from the date that cases are submitted for decision or resolution.
(b) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice of the Federal Supreme Court, Federal Constitutional Court, the Federal Administrative Court, or the Federal Electoral Court, or the presiding judge or judge of the lower court 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.
(c) 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.
SECTION 27. The Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court shall, within thirty (30) 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.
SECTION 28. There shall be at least one (1) Federal Court of Appeals in each Federated Region, at least one (1) Federal District Trial Court in constituent cities and provinces of Federated Regions, and such other lower courts as may be necessary for the effective administration and speedy delivery of justice.
SECTION 29. No lower court, whether federal or regional, shall be created without the recommendation of the Supreme Court.
Subject to the recommendation of the Judicial Appointments and Disciplinary Council, the Supreme Court shall appoint the all the judges of the lower courts and the justices of the collegiate courts.
This work is in the public domain because it is a work of the Philippine government (see Republic Act No. 8293 Sec. 176).\nAll official Philippine texts of a legislative, administrative, or judicial nature, or any official translation thereof, are ineligible for copyright.
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