PolSci 4 - DE

Report by Danganan, Omar Enricoso

Article VIII - Judicial Department

Section 2.

The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may
not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

*** this means that the congress or the legislative assembly can override and change the jurisdiction or laws of the
various courts, these courts may be the court of appeals, the court of tax appeals, etc.. the congress have the power to
define laws, meaning some laws can be changed and renewed provided it passes through examination under the rule of
the constitution.

However, while this may be true, the congress may not overrule the supreme court of its jurisdiction or laws over cases
stated in section 5 of the article 8 of the constitution. Meaning, whatever the supreme court has to write down in section 5,
cannot and will not be overridden by the congress, unless of course, it has to be changed if the public safety and national
security requires it.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

*** the members of the judiciary court shall not be rearranged in some way when a certain law changes the member’s
tenure or time of office.

Power to apportion jurisdiction of various courts vested in Congress

The power to define, prescribe, and apportion the jurisdiction of the various courts is vested by the Constitution in
Congress.

*** members of the congress can change, renew, and even make new laws. Allocating these powers to the different
courts, as vested by the Philippine constitution. However, there are 3 limitations to these, the judiciary can’t always have
it their way. So these are;

1) The Congress cannot diminish or otherwise impair the original and appellate jurisdiction of the Supreme Court
over cases enumerated in Section 5;

*** whatever is written in the constitution shall be and always be followed, regardless the powers of the congress may be.
And the congress cannot “appellate” or in other terms, review and change the decisions of the court, enumerated in
section 5. So what is written in section 5 shall always be followed.

2) No law shall be passed reorganizing the judiciary when it undermines security of tenure guaranteed in section
11;

*** like I have said, the members of the judiciary court shall not be rearranged in some way when a certain law changes
the member’s tenure or time of office. This will be later explained by my other group members in section 11. talking about
the tenures of the judiciary members.

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Report by Danganan, Omar Enricoso

3) No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and
concurrence.

*** no law or the power of the congress shall appellate, or review and renew, the jurisdiction of the supreme court.
Unless, approved, or both of the congress and the supreme court has that mutual concurrence, or both agreeing to
something that has to be done.

Jurisdiction of the courts

*** or the power of the courts. The word “Jurisdiction” can also be called the “legal power” of the court.

Jurisdiction, is the power and authority of a court to hear, try, and decide a case.

*** the appellate power of the court, or the judiciary department, as I stated before, can review and change the decisions
of a lower court. There are many courts of the judiciary department, but among them are 3, which are, the
Sandiganbayan, the court of appeals, and the court of tax appeals.

So anyway these are the kinds of jurisdiction of which the courts have. These powers can be;

1. General -- when it is empowered to decide all disputes which may come before it except those assigned to
other courts.

*** a jurisdiction is in general, which means the court can decide what actions to take for the cases that come before it. Or
in this case, whatever is written in the constitution will be followed.

2. Limited -- when it has authority to hear and determine only a few specified case.

*** a jurisdiction can be limited. Meaning, the department can only deal with a specific case. Like for example in the case
of what age can a person marry? Or if a delinquent is guilty or not.

3. Original -- when it can try and decide a case presented for the first time. It may be exclusive or concurrently.

4. Appellate -- when it can take a case already heard and decided by a lower court removed from the latter by
appeal.

*** the power of the judiciary can be appellate, which means the members of the judiciary department can review and
change a judgement or a case.

5. Exclusive -- when it can try and decide a case which cannot be presented before any other court.

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Report by Danganan, Omar Enricoso

*** a jurisdiction can be exclusive only to the supreme court and cannot be presented or showed to any other lower
courts.

6. Concurrent -- when any one of the two or more courts may take cognizance of a case.

*** a jurisdiction can also be concurrent, concurrent means “occurring” or “happening” at the same time. This means, both
the higher and the lower courts of the judiciary department can take part in the judgement of a certain case.

7. Criminal -- that which exists for the punishment of crime.

*** a jurisdiction is said to be criminal when it is intended for the punishment of a crime. In other words, this is the
validation of the judiciary department can they can do whatever they want in any way how they punish a certain crime.

8. Civil -- that which exists when the subject matter is not of a criminal nature.

*** and on the other hand, a jurisdiction is civil, when it is not intended to harm a person. Or that which a case is not
involved in a criminal neglect.

*** in the long run, the judiciary department is like the judge of laws, whether they approve or disapprove a certain law or
not at all.

Section 3.

The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

*** the members of the judiciary department shall have full financial independence. The befitting rights of the judiciary or
the financial aids of the judiciary may not and always be constant or increased, unless changed, and be automatically and
regularly released. Not delayed, and not paused.

Fiscal Autonomy ( or financial independence )

*** Section 3 seeks to further insure the independence of the judiciary.

I. Appropriations for judiciary not subject to reduction

The appropriations for the judiciary may not be reduced as provided above but they may be increased.

*** the constitution takes into account the fact that the administration of justice, in the past, has always been at the bottom
list of priorities in government budgetary appropriations.

The prohibition against reduction by Congress of the appropriations for the judiciary below the amounts
appropriated for the previous year assures, at least, that the minimal funding requirements for the judiciary will
be met.
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Report by Danganan, Omar Enricoso

*** for any reasons, the appropriations, specifically the money set aside by formal action for a specific use, e.g. schools,
public and civic buildings, etc., must not be reduced or decreased. The money used in this formal action is important for
future budget and saving. This appropriations can be a fund to repair buildings and bridges if ever there will be any
disasters and catastrophes in the future.

II. Appropriation to be automatically and regularly released

After approval, the appropriations shall be automatically and regularly released, thus making it financially
independent, without having to plead to the President or budget officials for their release.

*** the judiciary funds, or money must be and always be regularly released, for the sake of its independence. This makes
sure that the judiciary department won’t always be asking for money or funds from the president or from the budget
officials.