Judicial Department of the Philippines
Judicial Department
Article VIII, 1987 Constitution
SECTION 1.
The judicial power shall be vested in one Supreme Court and such in lower 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.
Meaning of Judicial Power
JUDICIAL POWER is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the Sate and private persons, or between individual litigants in cases properly brought before the judicial tribunals.
Scope of Judicial Power
It includes the duty of courts of justice:
• to settle actual controversies involving rights which are legally demandable and enforceable; and
• to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction(infra) on the part of any branch or instrumentality of the government
• to pass upon the validity or constitutionality of the laws of the state and the acts of the other departments of the government;
• to interpret and construe them; and
• to render authoritative judgments
• It likewise includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt.
Giving of Advisory Opinions not a Judicial Function
The judiciary is entrusted by the Constitution with the function of deciding actual cases & controversies. It cannot be required by law to exercise any power or to perform any duty not pertaining to, or connected with, the administration of judicial functions. It is not its function to give advisory opinions. It is a function of executive officials.
The doctrine of separation of powers calls for the other
Article VIII, 1987 Constitution
SECTION 1.
The judicial power shall be vested in one Supreme Court and such in lower 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.
Meaning of Judicial Power
JUDICIAL POWER is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the Sate and private persons, or between individual litigants in cases properly brought before the judicial tribunals.
Scope of Judicial Power
It includes the duty of courts of justice:
• to settle actual controversies involving rights which are legally demandable and enforceable; and
• to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction(infra) on the part of any branch or instrumentality of the government
• to pass upon the validity or constitutionality of the laws of the state and the acts of the other departments of the government;
• to interpret and construe them; and
• to render authoritative judgments
• It likewise includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt.
Giving of Advisory Opinions not a Judicial Function
The judiciary is entrusted by the Constitution with the function of deciding actual cases & controversies. It cannot be required by law to exercise any power or to perform any duty not pertaining to, or connected with, the administration of judicial functions. It is not its function to give advisory opinions. It is a function of executive officials.
The doctrine of separation of powers calls for the other