The following are the constitutional
safeguards to maintain judicial independence:
1) The Supreme
Court is a constitutional body and cannot be abolished by mere legislation.
2) The members of
the Supreme Court cannot be removed except by impeachment.
3) The Supreme
Court cannot be deprived of its minimum jurisdiction prescribed in Section 5,
Article X of the Constitution.
4) The appellate
jurisdiction of the Supreme Court cannot be increased by law without its advice
and concurrence.
5) Appointees to
the Judiciary are nominated by the Judicial and Bar Council and are not subject
to confirmation by the Commission on Appointments.
6) The Supreme Court has administrative
supervision over all lower courts and their personnel.
7) The
Supreme Court has exclusive power to discipline Judges of lower courts.
8) The
Members of the Judiciary have security of tenure, which cannot be undermined by
a law reorganizing the Judiciary.
9) Members
of the Judiciary cannot be designated to any agency performing
quasi-Judicial or administrative functions.
10) The salaries
of Members of the Judiciary cannot be decreased during their continuance in
office.
11) The
Judiciary has fiscal autonomy.
12) The Supreme Court has exclusive power to
promulgate rules of pleading, practice and procedure.
13) Only the
Supreme Court can temporarily assign judges to other stations.
14) It is
the Supreme Court who appoints all officials and employees of the Judiciary.
(Cruz, Philippine Political Law, 1995 ed. (pp. 229-31.) Political Law Bar Question 2000
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