Topic 6:

THE COURT PILLAR

Teaching-Learning Activity/Lesson Proper

Evolution of Court

“All trials of criminal and civil cases in pre-Spanish Philippines were in public. The litigants in the
case pleaded their own case. There were no lawyers, court clerks or stenographers. The litigants
presented their witnesses. Before testifying, these witnesses took and oath to tell the truth. The oath
was in various forms, such as “May the crocodile eat me!” “May I die if I tell a lie” “May no woman
love me” or “May the moon frown upon me!” To the forefathers, their oath was sacred. Perjury was
rare in the early trials. The barangay court decided the case in favor of the litigants who presented more
proofs than the other.

Trial by Ordeal

“In criminal cases, when there was doubt as to who of the accused persons was really guilty of the
crime, trial by ordeal was resorted to. It was believed that the gods protect the innocent and punished
the guilty. Through the ordeal the gods revealed divine truth to the people. Thus, an accused person
who was innocent was believed to be always successful in the ordeal because the gods would make him
win.

Meaning of Court

A court is a body to which the public administration of justice is delegated, being a tribunal officially
assembled under authority of law at the appropriate time and place for the administration of justice
through which the State enforces its sovereign rights and powers.
It is an entity or body in which a portion of judicial power is vested.

The Roles of the Court in the System

 1. To settle actual controversies involving rights which are legally demandable and enforceable.
2. To determine whether there has been grave abuse of discretion amounting to lack of excess of
jurisdiction on the part of any branch or instrumentality of the government.
3. To render authoritative judgments.
4. The final arbiter for justice.
5. The frontline of Democracy, freedom and human dignity.
6. The only institution capable of identifying and maintaining the proper balance between the
conflicting rights of the individual and those of the state and society.
7. It is to the court that everyone turns to for justice.
8. It is twisted as a shield of innocence in the impartial guardian of every private civil rights.
9. It is in the court that our citizens primarily feel the keen cutting edge of the law.
10. The only constitution capable of identifying and maintaining the proper balance between the
conflicting rights of the state and society.

In the criminal justice system the court is looked upon as:

1. the final arbiter for justice;
2. the front line defender of democracy, freedom and human dignity;
3. the only institution capable of identifying and maintaining the proper balance between the
conflicting rights of the individual and those of the state and society; and
4. it is to the courts that everyone turn to for justice.

Three Important Functions of Courts

1. Resolve disputes that while offer routine are crucial to those involved
2. Provide protection from illegal actions by government and individuals
3. Occasionally resolve disputes of great political and social significance

Meaning of Judge

A judge is public officer so named in his commission (written evidence of appointment and appointed
to preside over and to administer the law in a court of justice.
Court and Judge Distinguished

A court is an incorporeal entity composed of one or more judges. It is a personality separate and
distinct from the men who compose it. A judge alone does not necessarily constitute a court, for while
he is an indispensable part he is only a part of the court. It is elementary however, that a court cannot
exist without a judge.

Judicial Power

Art. VIII Sec. 1 Philippine Constitution

 “Judicial power shall be vested in the Supreme Court and in such inferior courts as may be
established by law.
“Judicial power includes the duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine whether or not there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.” Lower courts as here used are not to be understood in the sense of insignificant but as
referring to all other courts below the Supreme Court.

Different Lower Courts includes the following:

1. Court of Appeals
2. Regional Trial Court
3. Metropolitan Trial Court
4. Municipal Trial Courts
5. Municipal Circuit Trial Courts
6. Court of Tax Appeals
7. Sandiganbayan

Jurisdiction Defined
The authority by which courts take cognizance of and decide cases, the legal right by which judges
exercise their authority.
Inherent power of a court to hear, try and decide a
case.

Jurisdiction of Courts

1. General
When it is empowered to decide all disputes which may come before it, except those
designated to other courts. (Ex. Jurisdiction of RTC);
2. Limited
When it has authority to hear and determine only a few specified cases. (Ex. Jurisdiction of
the Court of Tax Appeals);

3. Original
When it can try and decide a case presented for the first time;
4. Appellate
When it can take a case already heard and decided by a lower court removed from it by
appeal;
5. Exclusive
When it can try and decide a case which cannot be presented before any court;
6. Concurrent
When any one of two or more courts may take cognizance of a case;
7. Criminal
That which exists for the punishment of crime; and
8. Civil
That which exists when the subject matter is not of a criminal case.
Organization of Courts

A. Regular Courts

The Philippine Judicial System consists of a hierarchy of courts resembling a pyramid with the
Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980, otherwise known as the
Batas Pambansa Blg. 129, the other regular courts are:

1. Intermediate Appellate Court (Now Court of Appeals)

This operates in ten divisions, each comprising of five (5) members. The court sits en banc
only to exercise administrative, ceremonial, or other nonadjudicatory functions.

2. Regional Trial Courts.

One which is presided by 720 Regional Trial Court Judges in each of the thirteen (13)
regions of the country.

3. Metropolitan Trial Courts

In each metropolitan area, established by law are a Municipal Trial Court in every city not
forming a part of the Metropolitan area and each of the municipalities not comprised within
a metropolitan area; as well as a
Municipal Trial Court in each area defined as a municipal circuit comprising of one or more
cities and/or one or more municipalities grouped together according to law.

B. Special Courts
Aside from the above-mentioned courts, there are also under present laws some
special courts. These are the following:

1. Court of Tax Appeals

Created under Republic Act No. 1125, as amended, this special court has exclusive
appellate jurisdiction to review on appeal the decisions of the Bureau of Internal Revenue
involving internal revenue taxes and decisions of the Commissioner of Customs involving
customs duties.

2. Sandiganbayan
The Sandiganbayan is retained by the new Constitution under the following provision in
Article XI, Sec. 4:

“Sec. 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.”

The basic rule was embodied in Art. XIII, Sec. 5 of the 1973 Constitution, which called for
the creation by the Batasang Pambansa of a special court to be known as the Sandiganbayan.
The term is a tagalog word meaning, “support of the nation.”
 The 1973 Constitution provided that the Sandiganbayan “shall have jurisdiction over civil
and criminal cases involving graft and corrupt practices and such other offenses committed by
public officers and employees, including those government-owned or controlled corporations,
in relation to their office as may be determined by law.”

Under P.D. 1606, as amended, the Sandiganbayan consists of a presiding justice and eight
associate justices and has the same rank as the Court of Appeals. It sits in division of three
justices each, who shall be necessary to constitute a quorum and whose unanimous vote shall
be required for the pronouncement of the judgment. Its decision may be brought on certiorari
to the Supreme Court.

C. Administrative Agencies

An Administrative Agency may be described as a body endowed with quasilegislative and quasi-
judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or
execution.

Administrative Agencies includes:

1. National Labor Relations Commission
2. Commission on elections
3. Bureau of Internal Revenue
4. Bureau of Customs
5. Board of Transportation
6. Commission on Audit
7. Energy Regulatory Board
8. Civil Service Commission

Quasi-Judicial Power
The power of the administrative agency to determine questions of fact to which the legislative policy
is to apply, in accordance with the standards laid down by the law itself.