Article 10p. 10

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

President until the President or Vice-President shall have

been elected and qualified.

The Congress shall, by law, provide who shall serve as

President

in

case of death, permanent disability, or

resignation of the Acting President. He shall serve until

the President or Vice-President shall have been elected

and qualified, and be subject to the same restrictions of

powers and disqualifications as the Acting President.

SECTION 14. Vacancy in Office of the Vice-President .

— Whenever there is a vacancy in the Office of the

Vice-President during the term for which he was elected,

the

President

shall

nominate

a Vice-President from

among the Members of the Senate and the House of

Representatives

who

shall

assume

office

upon

confirmation by a majority vote of all the Members of

both Houses of Congress, voting separately.

SECTION 15. Inhibitions Against Executive Officials .

— The President, Vice-President, the Members of the

Cabinet, and their deputies or assistants shall not, unless

otherwise provided in this Constitution, hold any other

office or employment during their tenure. They shall not,

during said tenure, directly or indirectly practice any

other

profession,

participate

in

any

business, or be

financially interested in any contract with, or in any

franchise, or special privilege granted by the Government

or any subdivision, agency, or instrumentality thereof,

including government-owned or controlled corporations

or their subsidiaries. They shall strictly avoid conflicts of

interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity

within the fourth civil degree of the President shall not

during his tenure be appointed as Members of the

Constitutional

Commissions,

or

the

Office

of

the

Ombudsman,

or

as

Secretaries,

Undersecretaries,

chairmen

or

heads

of

bureaus

or offices, including

government-owned or controlled corporations and their

subsidiaries.

CHAPTER 4 Judicial Power

SECTION 16. Judicial Power . — The judicial power shall

be vested in one (1) Supreme Court, and in such lower

courts as may be established by law. Such lower courts

include the Court of Appeals, Sandiganbayan, Court of

Tax Appeals, Regional Trial Courts, Shari'a District Courts,

Metropolitan Trial Courts, Municipal Trial Courts and

Municipal Circuit Trial Courts, and Shari'a Circuit Courts

and

they

shall continue to exercise their respective

jurisdictions until otherwise provided 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, in

cases prescribed by law, 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.

SECTION 17. Composition of the Supreme Court . —

The Supreme Court shall be composed of a Chief Justice

and fourteen Associate Justices. It may sit en banc or in

its discretion, in divisions of three, five or seven Members.

SECTION 18. Jurisdiction and Powers of Supreme

Court . — The Supreme Court shall have the following

powers:

(1) Exercise original jurisdiction over cases affecting

ambassadors, other public ministers and consuls, and

over petitions for certiorari , prohibition, mandamus , quo

warranto , and habeas corpus .

(2) Review, revise, reverse, modify, or affirm on appeal

or certiorari as the law or the Rules of Court may provide,

final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of

any treaty, international or executive agreement, law,

presidential

decree,

proclamation,

order,

instruction,

ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost,

assessment, or toll, or any penalty imposed in relation

thereto.

(c) All cases in which the jurisdiction of any lower court

is in issue.

(d) All criminal cases in which the penalty imposed is

reclusion perpetua or higher.

(e) All cases in which only an error or question of law is

involved.

(3) 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.

(4) Order a change of venue or place of trial to avoid a

miscarriage of justice.

(5) 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.

(6) Appoint all officials and employees of the Judiciary

in accordance with the Civil Service Law.

SECTION

19.

Apportionment

of

Jurisdiction .

—

Congress

shall

define,

prescribe

and

apportion

the

jurisdiction of the various courts but may not deprive the

Supreme Court of its jurisdiction enumerated in the

immediately preceding section. Neither shall a law be

passed increasing its appellate jurisdiction as therein

specified without its advice and concurrence.

No law shall be passed reorganizing the Judiciary

when

it

undermines

the

security

of

tenure

of

its

Members.

SECTION

20.

Administrative

Supervision .—

The

Supreme Court shall have administrative supervision over

all courts and the personnel thereof.

SECTION 21. Judicial and Bar Council . — (1) A Judicial

and Bar Council is hereby created 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 Member, a

representative of the Integrated Bar, a professor of law, a

retired

Member

of

the

Supreme

Court,

and

a

representative of the private sector.

(2) 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. Of

the Members first appointed, the representative of the

Integrated Bar shall serve for four (4) years, the professor

of law for three (3) years, the retired Justice for two (2)

years, and the representative of the private sector for one

(1) year.

(3) The Clerk of the Supreme Court shall be the

Secretary ex officio of the Council and shall keep a record

of its proceedings.

(4) The regular Members of the Council shall receive

such emoluments as may be determined by the Supreme

Court. The Supreme Court shall provide in its annual

budget the appropriations for the Council.

(5) 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 22. Appointment of Members of Judiciary .

— 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

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