The Powers of the Judiciary (Supreme Courts and other Courts) and the

Limitations (General and Specific)

Submitted by:
GROUP 4 (Law 408-A)
Marianne G. Ragas
Rhodelyn Mae B. Roa
Sheryhan M. Lucman-Sangcopan
Keren Anne A. Tadem
Alphons N. Vitorillo

Submitted to:
Justice Romulo Borja

August 12, 2020

A. CONCEPTS

1. Powers of the Judiciary

Supreme Court

Powers/Jurisdiction

Auxiliary Administrative – Section 5(3), 5(4), 5(6), Art VIII

Rule-making power – Section 5(5)
Adjudicatory – Sec 1, par. 2

Original Jurisdiction – Section 5(1), Art VIII

Appellate Jurisdiction – Section 5(2), Art VIII

Jurisdiction of Other Courts – BP 129

Court of Appeals

Original – Section 9(1), 9(2)

Appellate – Section 9(3)

Regional Trial Court

Civil Cases – Section 19

Criminal Cases – Section 20
Original Jurisdiction, other cases – Section 21
Appellate – Section 22
Special Jurisdiction, special cases – Section 23

Municipal Trial Court

Criminal Cases – Section 32

Civil Cases – Section 33
Delegated – Section 34
Special Jurisdiction, certain cases – Section 35
Summary Procedure – Section 36

SUPREME COURT – ARTICLE VIII, 1987 PHILIPPINE CONSTITUTION

Jurisdiction over Cases Powers
Original Jurisdiction Administrative/Supervisory

Sec 5(1) - The Supreme Court shall have
the power to exercise original jurisdiction
over cases affecting ambassadors, other
public ministers and consuls, and over
petitions for certiorari,
Sec 5(3) - 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.
prohibition, mandamus, quo warranto, Sec 5(4) - Order a change of venue
and habeas corpus. or place of trial to avoid a miscarriage
of justice
Appellate Jurisdiction
Sec 5(6) – Appoint all officials and
Sec 5(2) - The Supreme Court shall have employees of the Judiciary in
the power to review, revise, reverse, accordance with the Civil Service
modify, or affirm on appeal or certiorari, as Law
the law or the Rules of Court may provide,
final judgments and orders of lower courts Rule-making power
in:
Sec 5(5) - Promulgate rules
(a) All cases in which the constitutionality concerning the protection and
or validity of any treaty, international or enforcement of constitutional rights,
executive agreement, law, presidential pleading, practice, and procedure in
decree, proclamation, order, instruction, all courts, the admission to the
ordinance, or regulation is in question. practice of law, the integrated bar,
and legal assistance to the
(b) All cases involving the legality of any underprivileged. Such rules shall
tax, impost, assessment, or toll, or any provide a simplified and inexpensive
penalty imposed in relation thereto. procedure for the speedy disposition
of cases, shall be uniform for all
(c) All cases in which the jurisdiction of courts of the same grade, and shall
any lower court is in issue. not diminish, increase, or modify
substantive rights. Rules of
(d) All criminal cases in which the penalty procedure of special courts and
imposed is reclusion perpetua or higher. quasi-judicial bodies shall remain
effective unless disapproved by the
(e) All cases in which only an error or Supreme Court.
question of law is involved
Adjudicatory

Sec 1, par. 2 - 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.
COURT OF APPEALS – BP 129
Original Jurisdiction Appellate Jurisdiction

Sec 9(1) - Original jurisdiction to issue Sec 9(3) - Exclusive appellate

writs of mandamus, prohibition, jurisdiction over all final judgements,
certiorari, habeas corpus, and quoresolutions, orders or awards of
warranto, and auxiliary writs orRegional Trial Courts and quasi-
processes, whether or not in aid of its judicial agencies, instrumentalities,
appellate jurisdiction. boards or commission, including the
Securities and Exchange
Sec 9(2) - Exclusive original jurisdiction Commission, the Social Security
over actions for annulment of judgements Commission, the Employees
of Regional Trial Courts Compensation Commission and the
Civil Service Commission, Except
those falling within the appellate
jurisdiction of the Supreme Court in
accordance with the Constitution, the
Labor Code of the Philippines under
Presidential Decree No. 442, as
amended, the provisions of this Act,
and of subparagraph (1) of the third
paragraph and subparagraph 4 of the
fourth paragraph od Section 17 of the
Judiciary Act of 1948.

REGIONAL TRIALS COURTS – BP 129

Civil Cases Criminal Cases

Sec 19 - Regional Trial Courts shall Sec 20 - Regional Trial Courts shall
exercise exclusive original jurisdiction: exercise exclusive original jurisdiction
in all criminal cases not within the
(1) In all civil actions in which the exclusive jurisdiction of any court,
subject of the litigation is incapable tribunal or body, except those now
of pecuniary estimation; falling under the exclusive and
concurrent jurisdiction of the
(2) In all civil actions which involve Sandiganbayan which shall hereafter
the title to, or possession of, real be exclusively taken cognizance of by
property, or any interest therein, the latter.
where the assessed value of the
property involved exceeds Twenty
thousand pesos (P20,000.00) or
for civil actions in Metro Manila,
where such the value exceeds
Fifty thousand pesos (50,000.00)
except actions for forcible entry
into and unlawful detainer of lands
or buildings, original jurisdiction
over which is conferred upon
Metropolitan Trial Courts,
 Municipal Trial Courts, and
Municipal Circuit Trial Courts;

(3) In all actions in admiralty and

maritime jurisdiction where he
demand or claim exceeds One
hundred thousand pesos
(P100,000.00) or , in Metro Manila,
where such demand or claim
exceeds Two hundred thousand
pesos (200,000.00);

(4) In all matters of probate, both testate

and intestate, where the gross value of
the estate exceeds One hundred
thousand pesos (P100,000.00) or, in
probate matters in Metro Manila, where
such gross value exceeds Two hundred
thousand pesos (200,000.00);

(5) In all actions involving the

contract of marriage and marital
relations;

(6) In all cases not within the

exclusive jurisdiction of any court,
tribunal, person or body exercising
jurisdiction or any court, tribunal,
person or body exercising judicial
or quasi-judicial functions;

(7) In all civil actions and special

proceedings falling within the
exclusive original jurisdiction of a
Juvenile and Domestic Relations
Court and of the Courts of Agrarian
Relations as now provided by law;
and

(8) In all other cases in which the

demand, exclusive of interest, damages
of whatever kind, attorney's fees,
litigation expenses, and costs or the value
of the property in controversy exceeds
One hundred thousand pesos
(100,000.00) or, in such other
abovementioned items exceeds Two
hundred thousand pesos (200,000.00).
(as amended by R.A. No. 7691*)
Original Jurisdiction, other cases Appellate

Sec 21- Regional Trial Courts shall Sec 22 - Regional Trial Courts shall
exercise original jurisdiction: exercise appellate jurisdiction over
all cases decided by Metropolitan
(1) In the issuance of writs of Trial Courts, Municipal Trial Courts,
certiorari, prohibition, mandamus, and Municipal Circuit Trial Courts in
quo warranto, habeas corpus and their respective territorial
injunction which may be enforced jurisdictions. Such cases shall be
in any part of their respective decided on the basis of the entire
regions; and record of the proceedings had in the
court of origin and such memoranda
(2) In actions affecting and/or briefs as may be submitted by
ambassadors and other public the parties or required by the
ministers and consuls. Regional Trial Courts. The decision
of the Regional Trial Courts in such
cases shall be appealable by petition
for review to the Court of Appeals
which may give it due course only
when the petition shows prima
facie that the lower court has
committed an error of fact or law that
will warrant a reversal or modification
of the decision or judgment sought to
be reviewed.
Special Jurisdiction, special cases

Sec 23 - The Supreme Court may designate certain branches of the Regional
Trial Courts to handle exclusively criminal cases, juvenile and domestic relations
cases, agrarian cases, urban land reform cases which do not fall under the
jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases
as the Supreme Court may determine in the interest of a speedy and efficient
administration of justice.

MUNICIPAL TRIAL COURTS – BP 129

Criminal Cases Civil Cases

Sec 32 - Except in cases falling within the Sec 33 - Metropolitan Trial Courts,
exclusive original jurisdiction of Regional Municipal Trial Courts, and Municipal
Trial Courts and of the Sandiganbayan, Circuit Trial Courts shall exercise:
the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial (1) Exclusive original
Courts shall exercise: jurisdiction over civil actions
and probate proceedings,
(1) Exclusive original jurisdiction testate and intestate,
over all violations of city or including the grant of
municipal ordinances committed provisional remedies in proper
cases, where the value of the
within their respective territorial
jurisdiction; and
(2) Exclusive original jurisdiction
over all offenses punishable with
imprisonment not exceeding six (6)
years irrespective of the amount of
fine, and regardless of other
imposable accessory or other
penalties, including the civil liability
arising from such offenses or
predicated thereon, irrespective of
kind, nature, value, or amount
thereof: Provided, however, That
in offenses involving damage to
property through criminal
negligence they shall have
exclusive original jurisdiction
thereof. (as amended by R.A, No.
7691)
personal property, estate, or
amount of the demand does
not exceed One hundred
thousand pesos
(P100,000.00) or, in Metro
Manila where such personal
property, estate, or amount of
the demand does not exceed
Two hundred thousand pesos
(P200,000.00) exclusive of
interest damages of whatever
kind, attorney's fees, litigation
expenses, and costs, the
amount of which must be
specifically alleged: Provided,
That where there are several
claims or causes of action
between the same or different
parties, embodied in the same
complaint, the amount of the
demand shall be the totality of
the claims in all the causes of
action, irrespective of whether
the causes of action arose out
of the same or different
transactions;
(2) Exclusive original
jurisdiction over cases of
forcible entry and unlawful
detainer: Provided, That
when, in such cases, the
defendant raises the question
of ownership in his pleadings
and the question of
possession cannot be
resolved without deciding the
issue of ownership, the issue
of ownership shall be resolved
only to determine the issue of
possession.
(3) Exclusive original
jurisdiction in all civil actions
which involve title to, or
possession of, real property,
or any interest therein where
the assessed value of the
property or interest therein
does not exceed Twenty
 thousand pesos (P20,000.00)
or, in civil actions in Metro
Manila, where such assessed
value does not exceed Fifty
thousand pesos (P50,000.00)
exclusive of interest, damages
of whatever kind, attorney's
fees, litigation expenses and
costs: Provided, That value of
such property shall be
determined by the assessed
value of the adjacent lots. (as
amended by R.A. No. 7691)

Delegated Special Jurisdiction, certain cases

Sec 34 - Metropolitan Trial Courts, Sec 35 - In the absence of all the

Municipal Trial Courts, and Municipal Regional Trial Judges in a province
Circuit Trial Courts may be assigned by or city, any Metropolitan Trial Judge,
the Supreme Court to hear and determine Municipal Trial Judge, Municipal
cadastral or land registration cases Circuit Trial Judge may hear and
covering lots where there is no decide petitions for a writ of habeas
controversy or opposition, or contested corpus or applications for bail in
lots the where the value of which does not criminal cases in the province or city
exceed One hundred thousand pesos where the absent Regional Trial
(P100,000.00), such value to be Judges sit.
ascertained by the affidavit of the claimant
or by agreement of the respective
claimants if there are more than one, or
from the corresponding tax declaration of
the real property. Their decisions in these
cases shall be appealable in the same
manner as decisions of the Regional Trial
Courts. (as amended by R.A. No. 7691)

Summary Procedure

Sec 36 - In Metropolitan Trial Courts and Municipal Trial Courts with at least two
branches, the Supreme Court may designate one or more branches thereof to try
exclusively forcible entry and unlawful detainer cases, those involving violations
of traffic laws, rules and regulations, violations of the rental law, and such other
cases requiring summary disposition as the Supreme Court may determine. The
Supreme Court shall adopt special rules or procedures applicable to such cases
in order to achieve an expeditious and inexpensive determination thereof without
regard to technical rules. Such simplified procedures may provide that affidavits
and counter-affidavits may be admitted in lieu of oral testimony and that the
periods for filing pleadings shall be non-extendible.
 2. Judicial Review

Power of judicial review is conferred on Section 1, Article VIII of the 1987

the Judicial Branch of the government
Constitution.
The judicial power shall be vested in
one Supreme Court and in such
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.

B. LIMITATIONS OF THE POWERS OF THE JUDICIARY

(1) General Limitations

1. The rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases;
2. The rules shall be uniform for courts of the same grade; and
3. The rules shall not diminish, increase or modify (DIM) substantive rights
(CONST. Art. VIII, Sec. 5, Par.5)

1. The rules shall provide a simplified Article VIII, Section 5 (5)

and inexpensive procedure for the The Supreme Court shall have the
speedy disposition of cases. following powers:

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.

2. The rules shall be uniform for all Article VIII, Section 5 (5)
courts of the same grade. The Supreme Court shall have the
following powers:

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.

3. The Supreme Court shall not Article VIII, Section 5 (5)

diminish, increase, or modify The Supreme Court shall have the
substantive rights following powers:

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.
(2) Specific Limitations

The judiciary shall not interfere with its co-equal branches such as Executive
Department and Legislative Department in the following areas:

1. There is no showing of grave Article VIII of the 1987 Constitution

abuse
of discretion. Section 1. The judicial power shall
be vested in one Supreme Court
and in such 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.
2. The issue is a political question. Article VIII of the 1987 Constitution

Section 1. The judicial power shall

be vested in one Supreme Court
and in such 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.

C. SAFEGUARDS OF JUDICIAL INDEPENDENCE

1. Sec.1, The judicial power shall be vested in one Supreme Court and
Art. VIII in such lower courts as may be established by law.

2. Par. 2 of No law shall be passed reorganizing the Judiciary when it

Sec. 2 undermines the security of tenure of its Members.
Art. VIII
3. Sec.2, The Members of the Supreme Court… may be removed from
Art. XI office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust.

4. Sec. 3, The Judiciary shall enjoy fiscal autonomy. Appropriations for

Art. VIII 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.

5. Sec. 5 Assign temporarily judges of lower courts to other stations as

(3), Art. public interest may require. Such temporary assignment shall
VIII not exceed six months without the consent of the judge
concerned.

6. Sec.5 (5), Appoint all officials and employees of the Judiciary in

Art. VIII accordance with. the Civil Service Law

7. Sec. 6, The Supreme Court shall have administrative supervision

Art. VIII over all courts and the personnel thereof.

8. Sec. 10, The salary of the Chief Justice and of the Associate Justices
Art. VIII of the Supreme Court, and of judges of lower courts, shall be
fixed by law. During their continuance in office, their salary
shall not be decreased.

9. Sec. 11, The Supreme Court en banc shall have the power to
Art. VIII discipline judges of lower courts, or order their dismissal by a
vote of a majority of the Members who actually took part in
the deliberations on the issues in the case and voted thereon.

10. Par. 1 of The Congress may not deprive the Supreme Court of its
Sec. 2, minimum original and appellate jurisdiction.
Art. VIII &
Sec. 30, No law shall be passed increasing the appellate jurisdiction
Art. VI of the Supreme Court as provided in the Constitution without
its advice and concurrence.

11. Sec. 5 Promulgate rules concerning the protection and enforcement

(5), Art. of constitutional rights, pleading, practice, and procedure in
VIII 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.