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C. Administrative Jurisdiction over Judges and Justices

a. ADMINISTRATIVE SUPERVISION

The Supreme Court shall have administrative supervision over all courts and the personnel thereof. (Section 6, Article VIII, 1987 Constitution)

The Supreme Court exercises its judicial functions and its powers of administrative supervision over all courts and their personnel through the Court en banc or its Divisions. It administers its activities under the leadership of the Chief Justice, who may, for this purpose, constitute supervisory or special committees headed by individual Members of the Court or working committees of court officials and personnel. (A.M. No. 10-4-20-SC. Section 1, Rule 2)

1) Appoint court officials and employees

The Supreme Court appoints all officials and employees of the Judiciary in accordance with the Civil Service Law. (Section 5[6], Article VIII, 1987 Constitution)

2) Assign courts or judges

The SC may 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. (Section 5[3], Article VIII, Ibid.)

The SC may order a change of venue or place of trial to avoid a miscarriage of justice. (Section 5[4], Article VIII, Ibid.)

3) Promulgate rules

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. (Section 5[5], Article VIII, Ibid.)

a. JUDICIAL AND BAR COUNCIL

The Judicial and Bar Council is created by the 1987 Constitution and is under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector. (Section 8[1], Article VIII, Ibid.)

The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it. (Section 8[5], Article VIII, Ibid.)

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