PHILIPPINE POLITICS

AND GOVERNANCE

Quarter 2- Module 8:
JUDICIAL BRANCH OF GOVERNMENT

MOST ESSENTIAL LEARNING COMPENTCY

Identify the roles and responsibilities of the Philippine Judiciary

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What I need to know:

At the end of the lesson, you are expected to:

 Identify the roles and responsibilities of the Philippine Judiciary.

What’s New

Activity 1. Read Between the Lines

Direction: Read the given quote, and write you own interpretation and understanding
in the space provided.

1. “Ignorance of the law excuses no man from practicing it.” –Addison Mizner

Interpretation:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________

2. “No man is above the law and no man is below it: nor do we ask any man’s
permission when we ask him to obey it.” –Theodore Roosevelt

Interpretation:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________

What Is It

Separation of Powers is a doctrine of constitutional law which the different

branches are kept separate. Each branch has separate powers, and generally each
branch is not allowed to exercise the powers of other branches. The Executive
Branch is in-charge in ensuring the enforcement of the laws, the crafting of laws is
under the power of the legislative branch, and interpretation of the laws is in the
jurisdiction of Judicial Branch.

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Judicial Branch

Article VIII Section I of 1987 Philippine Constitution stated that the Judicial
power shall be vested in one Supreme Court and in such lower courts as may be
established by law. As the third branch of the Philippine Government, its main role
and function is to evaluate laws. It holds the power to settle controversies involving
rights that are legally demandable and enforceable. This branch determines whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the government. It is made up of a
Supreme Court and lower courts. The judicial branch interprets the meaning of laws,
applies laws to individual cases, and decides if laws violate the Constitution.

Structure and Organization

Photo Source: https://www.officialgazette.gov.ph/images/uploads/Judiciary-chart-July-021.jpg

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 The Philippine Judiciary branch is comprised of regular courts tasked to administer
justice—two review courts and two trial courts as follows:

 Supreme Court
 Court of Appeals
 Regional Trial Courts
 Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial
Courts, and Municipal Trial Courts in Cities.

Aside from these 4 regular courts, the Judicial branch has also what it is called
special courts. Special courts are bodies within the judicial branch of government
that generally address only one area of law or have specifically defined powers.
These are the (1) Sandiganbayan, (2) Court of tax Appeals, (3) Shari’a District
Courts, and (4) Shari’a Circuit Courts.
Shari’a Court has the power similar to the regular courts, but the subjects over
whom judicial powers are exercised are limited to Muslim Filipinos. While Court of
Tax Appeals which retains exclusive appellate jurisdiction to review by appeal not
only civil tax cases but also those that are criminal in nature. Lasty, Sandiganbayan
is a special court that has jurisdiction over civil cases (including graft, corruption, and
other offenses) committed by public officers and employees and those in
government-owned or government-controlled corporations.

Supreme Court
According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court
exercises the following powers:
1. Exercise 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 the
lower courts in:
 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;
 All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto;
 All cases in which the jurisdiction of any lower court is in issue;
 All criminal cases in which the penalty imposed is reclusion
perpetua or higher;
 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 assignments shall not exceed six months
without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of
justice.
1. 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

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 procedure for the speedy disposition of cases, shall be uniform for all courts
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. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law (Sec. 5 , id.).

Court of Appeals

The Court of Appeals is the second highest tribunal in the country, which was
established on February 1, 1936 by virtue of Commonwealth Act No. 3. The current
form of the Court of Appeals was constituted through Batas Pambansa Blg. 129, as
amended by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic
Act No. 8246.

The jurisdiction of the Court of Appeals are as follows:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto, and auxiliary writs or processes, whether or not in
aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of
Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or
awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities,
boards or commission.

The Court of Appeals shall also have the power to try cases and conduct
hearings, receive evidence and perform acts necessary to resolve factual issues
raised in cases falling within its original and appellate jurisdiction, including the
power to grant and conduct new trials or proceedings.

The Court of Appeals is composed of one presiding justice and 68 associate

justices, all of which are appointed by the President from a shortlist submitted by the
Judicial and Bar Council. The associate justices shall have precedence according to
the dates (or order, in case of similar appointment dates) of their respective
appointments. The qualifications for the justices of the Supreme Court also apply to
members of the Court of Appeals.

Source:https://www.officialgazette.gov.ph/about/gov/judiciary/#:~:text=Judicial%20power%20rests
%20with%20the,legally%20demandable%20and%20enforceable%20(Art.

Regional Trial Courts

Batas Pambansa Blg. 129 or commonly known as “The Judiciary
Reorganization Act of 1980” reiterates the powers and functions of Regional Trial
Courts from Section 19 to Section 24 that states as follow:

Section 19. Jurisdiction in civil cases. — Regional Trial Courts shall exercise

exclusive original jurisdiction:

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 (1) In all civil actions in which the subject of the litigation is incapable of
pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real property,
or any interest therein, 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 twenty thousand pesos (P20,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value
of the estate exceeds twenty thousand pesos (P20,000.00);

(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 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 and costs or
the value of the property in controversy, amounts to more than twenty
thousand pesos (P20,000.00).

Section 20. Jurisdiction in criminal cases. — Regional Trial Courts shall exercise

exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction
of any court, tribunal or body, except those now falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively
taken cognizance of by the latter.

Section 21. Original jurisdiction in other cases. — Regional Trial Courts shall

exercise original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto,

habeas corpus and injunction which may be enforced in any part of their
respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. — Regional Trial Courts shall exercise appellate

jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions.
Such cases shall be decided on the basis of the entire record of the proceedings had
in the court of origin and such memoranda and/or briefs as may be submitted by the
parties or required by the Regional Trial Courts. The decision of the Regional Trial
Courts in such cases shall be appealable by petition for review to the Intermediate

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Appellate Court 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.

Section 23. Special jurisdiction to try special cases. — 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.

Section 24. Special Rules of Procedure. — Whenever a Regional Trial Court takes

cognizance of juvenile and domestic relation cases and/or agrarian cases, the
special rules of procedure applicable under present laws to such cases shall
continue to be applied, unless subsequently amended by law or by rules of court
promulgated by the Supreme Court.

Source:https://lawphil.net/statutes/bataspam/bp1981/bp_129_1981.html#:~:text=Appellate
%20jurisdiction.,in%20their%20respective%20territorial%20jurisdictions.

Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial

Courts, and Municipal Trial Courts in Cities.

Power and functions of Metropolitan Trial Courts, Municipal Trial Courts,

Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities are thoroughly
explained from Batas Pambansa Blg. 129 Sections 32 to 37 as stated below.

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and

Municipal Circuit Trial Courts in criminal cases. — Except in cases falling within the
exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
shall exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal

ordinances committed within their respective territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with

imprisonment of not exceeding four years and two months, or a fine of not
more than four thousand pesos, or both such fine and imprisonment,
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 where the imposable fine does not exceed
twenty thousand pesos.

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and

Municipal Circuit Trial Courts in civil cases. — Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:

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 (1) Exclusive original jurisdiction over civil actions and probate proceedings,
testate and intestate, including the grant of provisional remedies in proper
cases, where the demand does not exceed twenty thousand pesos exclusive
of interest and costs but inclusive of damages of whatever kind, 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; and

(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.

Section 34. Delegated jurisdiction in cadastral and land registration cases. —

Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
may be assigned by the Supreme Court to hear and determine cadastral or land
registration cases covering lots where there is no controversy or opposition, or
contested lots the value of which does not exceed twenty thousand pesos, such
value to be 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.

Section 35. Special jurisdiction in certain cases. — In the absence of all the

Regional Trial Judges in a province or city, any Metropolitan Trial Judge, Municipal
Trial Judge, Municipal Circuit Trial Judge may hear and decide petitions for a writ of
habeas corpus or applications for bail in criminal cases in the province or city where
the absent Regional Trial Judges sit.

Section 36. Summary procedures in special cases. — 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 affidavit and counter-affidavits may be admitted in lieu
of oral testimony and that the periods for filing pleadings shall be non-extendible.

Section 37. Preliminary investigation. — Judges of Metropolitan Trial Courts, except

those in the National Capital Region, of Municipal Trial Courts, and Municipal Circuit
Trial Courts shall have authority to conduct preliminary investigation of crimes
alleged to have been committed within their respective territorial jurisdictions which
are cognizable by the Regional Trial Courts.

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The preliminary investigation shall be conducted in accordance with the procedure
prescribed in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No.
911: Provided, however, That if after the preliminary investigation the Judge finds a
prima facie case, he shall forward the records of the case to the Provincial/City
Fiscal for the filing of the corresponding information with the proper court.

No warrant of arrest shall be issued by the Judge in connection with any criminal
complaint filed with him for preliminary investigation, unless after an examination in
writing and under oath or affirmation of the complainant and his witnesses, he finds
that a probable cause exists.

Any warrant of arrest issued in accordance herewith may be served anywhere in the
Philippines.

Source:https://lawphil.net/statutes/bataspam/bp1981/bp_129_1981.html#:~:text=Appellate
%20jurisdiction.,in%20their%20respective%20territorial%20jurisdictions.

What’s More

Activity 2: Summarizing Organizer

Summarize and organize each courts under the Judicial Branch of Government
through providing their different powers and functions.

Review Courts Trial Courts

Supreme Court of Appeal Regional Metropolitan Trial Courts,
Court Court Municipal Trial Courts,
Municipal Circuit Trial Courts,
and Municipal Trial Courts in
Cities

Questions:

1. Why is the Philippine Court divided into review courts and trial courts?
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______________________________________________________________

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 ______________________________________________________________
________
2. Does the division of courts effective? Why or why not? Support your answer.
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3. Why do you think a case proceeds from a lower court to a higher court?
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______________________________________________________________
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Activity 3: Venn Diagram

Direction: Provide the similarities and differences of Higher Court (Review Court)
and Lower Court (Trial Court), and answer the following questions.

Higher Court/ Lower Court/

Review Court Similarities Trial Court

Activity 4: What Have I Learned So Far?

Directions: Write a reflection learned from the discussion. In writing your reflection,
you have to complete the sentence below on the lines provided.

I learned that _______________________________________________________

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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
____________

What I Have Learned

Judicial Branch is the last branch of the government with its main duty to
settle actual controversies involving rights which are legally demandable and
enforceable (Art. VIII Section 2). It Is divided into different courts—review court
(Supreme Court and Court of Appeal) and trial court (Regional Trial Court and
Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and
Municipal Trial Courts in Cites). There are also special courts which have a limited
jurisdiction over certain cases or controversies. These are Shari’a Court, Court of
Tax Appeals, and Sandiganbayan.

What I Can Do

Katarungang Pambarangay, or the Barangay Justice System is a local

justice system in the Philippines. It is operated by the smallest of the local
government units, the barangay, and is overseen by the barangay captain, the
highest elected official of the barangay and its executive. The barangay captain sits
on the Lupon Tagapamayapa along with other barangay residents, which is the
committee that decides disputes and other matters.

Source: https://en.wikipedia.org/wiki/Katarungang_Pambarangay

Task: Visit your own barangay or make a phone call in order to conduct a short
interview. Find out how they settle disputes in your own locality then provide 1 case
scenario and the resolution offered by the Lupon Tagapamayapa. You may alter the
names of the involved parties to protect their privacy.

1. What are the ways of settling disputes in your locality?

______________________________________________________________
______________________________________________________________
______________________________________________________________
2. Provide the Case Scenario and Resolution provided by the Lupon
Tagapamayapa.
Case
Scenario:____________________________________________________
______________________________________________________________

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 ______________________________________________________________
______________________________________________________________
______________________________________________________________
Resolution:
_______________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
3. How successful is the way of settling disputes in your locality?
______________________________________________________________
______________________________________________________________

Post test

Directions: Choose the letter of the correct answer and write the CAPITAL LETTER
of your answer in the space provided.

___1. Which branch of the government has a task to interpret laws?

A. Executive Branch B. Legislative Branch C. Judicial Branch
___2. How do you call the head of the Judicial Branch?
A. President B. Chief of Staff C. Chief Justice
___3. Which of the following does not belong to lower court (Trial Court)?
A. Supreme Court B. Regional Trial Court C. Municipal Trial Court
___4. Which of the following does not belong to higher court (Supreme Court)?
A. Supreme Court B. Sandiganbayan C. Court of Appeals
___5. This court has jurisdiction over civil cases committed by public officers.
A. Shari’a Court B. Court of Tax Appeal C. Sandiganbayan
___6. This court has powers similar to the regular courts but its judicial power is limited to Muslim
Filipinos.
A. Shari’a Court B. Court of Tax Appeal C. Sandiganbayan
___7. In what Article in1987 Philippine Constitution gives the provision for the Judicial Branch of
Government?
A. Article VI B. Article VII C. Article VIII
___8. The Court of Appeals is composed of one presiding justice and how many associate
justices?
A. 24 B. 68 C. 100
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___9. In what court has the jurisdiction affecting the cases against the different ambassadors in
the Philippines?
A. Sandiganbayan B. Supreme Court C. Court of Appeals
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