D. Appointments to the judiciary

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Frequency: ★★★☆☆

1. Qualifications

a. Constitutional and statutory qualifcations

In general. A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. (Section 7[3], Article VIII, 1987 Constitution)

Constitutional Qualifications: Supreme Court
No person shall be appointed Member of the Supreme Court unless he is:
1) A natural-born citizen of the Philippines;
2) At least forty years of age; and
3) 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. (Section 7[1], Article VIII, Ibid.)
Constitutional Qualifications: Lower collegiate courts
No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. (Section 7[1], Article VIII, Ibid.)
Constitutional Qualifications: Lower courts
The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is:
1) A citizen of the Philippines; and
2) A member of the Philippine Bar. (Section 7[2], Article VIII, Ibid.)
Statutory Qualifications: Regional Trial Courts
No person shall be appointed Regional Trial Judge or Regional Trial Judge-at-Large unless that person is:
1) A natural-born citizen of the Philippines;
2) At least thirty-five (35) years of age; and
3) Has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite, for at least ten (10) years. (Section 15, B.P. Blg. 129, as amended by R.A. 11459)
Statutory Qualifications: Metropolitan, Municipal, and Municipal Trial Courts
No person shall be appointed judge of a Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court, or a Municipal Trial Judge-at-Large unless that person is:
1) A natural-born citizen of the Philippines;
2) At least thirty (30) years of age; and
3) Have been engaged in the practice of law in the Philippines, or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite, for at least five (5) years. (Section 26, Ibid.)

b. Term

The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until:

1) They reached the age of seventy (70) years old; or

2) Become incapacitated to discharge the duties of their office. (Section 11, Article VIII, 1987 Constitution)

•••••

BAR EXAM QUESTION

(Question V, Political Law, 2018 Bar Exam)

State whether or not the following acts are constitutional: (2% each)

(a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar;

Suggested Answer:

The law is unconstitutional. Such a law is inconsistent with the 1987 Constitution which requires that justices and/or judges of should be natural-born citizens.

•••••

2. Judicial and Bar Council (composition and powers)

a. Composition

JBC Composition:
1) The Chief Justice as ex officio Chairman;
2) The Secretary of Justice;
3) A representative of the Congress as ex officio Members;
4) A representative of the Integrated Bar;
5) A professor of law;
6) A retired Member of the Supreme Court; and
7) A representative of the private sector. (Section 8[1], Article VIII, 1987 Constitution)

SC Clerk of Court as Secretary ex officio. The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings. (Section 8[3], Article VIII, Ibid.)

Supreme Court supervision. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court. (Section 8[1], Article VIII, Ibid.)

Presidential appointment for regular members. The regular Members of the Council shall be appointed by the President for a term of four (4) years with the consent of the Commission on Appointments. (Section 8[2], Article VIII, Ibid.)

Emoluments. The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. (Section 8[4], Article VIII, Ibid.)

Appropriation. The Supreme Court shall provide in its annual budget the appropriations for the Council. (Section 8[4], Article VIII, Ibid.)

b. Powers

Principal function. The Council shall have the principal function of recommending appointees to the Judiciary. (Section 8[5], Article VIII, Ibid.)

Same; SC Members and Lower Court Judges. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council for every vacancy. (Section 9, Article VIII, Ibid.)

Same; Same. Such appointments need no confirmation. (Section 9, Article VIII, Ibid.)

Same; Same.For the lower courts, the President shall issue the appointments within ninety days (90) from the submission of the list. (Paragraph 2, Section 9, Article VIII, Ibid.)

Ancillay function. It may exercise such other functions and duties as the Supreme Court may assign to it. (Section 8[5], Article VIII, Ibid.)

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

A. Due process

Frequency: ★★☆☆☆ 2 aspects of due process. Due process of law has two aspects: substantive and procedural. In order that a particular act may not

D. Quorum and voting majorities

Frequency: ★☆☆☆☆ 1. Sessions REGULAR SESSIONS: The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a

D. Crimes against public interest

Frequency: ★★★☆☆ CHAPTER 1: FORGERIES SECTION 1 – FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISILANDS, THE SIGNATURE OR STAMP OF THE CHIEF

B. Anti-Fencing Law of 1979

Frequency: ★★☆☆☆ “Fencing” – is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep,

L. Bouncing Checks Law

Frequency: ★★★★☆ “Credit” – refers to an arrangement or understanding with the bank for the payment of such check. (Section 4, B.P. 22) 1. Crime

Question 4, 2018 Civil Law Bar Exam

IV (Question IV, Civil Law, 2018 Bar Exam) Severino died intestate, survived by his wife Saturnina, and legitimate children Soler, Sulpicio, Segundo and the twins

error: Content is protected.