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The Judicial Branch of the Philippine Government

This learning material will help you understand the important features of the Judicial Branch of Philippine
Government. It also aims to introduce to you the roles and responsibilities of the different courts that comprise
the Philippine Judicial System.

Section 1, Article VIII of the 1987 Philippine Constitution states that: “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:


(a) settle actual controversies involving rights which are legally demandable and enforceable, and
(b) 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.
 The role of judiciary is important because this branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.

STRUCTURE AND ORGANIZATION

http://www.officialgazette.gov.ph/images/uploads/Judiciary-chart-July-021-596x745.jpg
 The Philippine Judiciary branch is comprised of regular courts tasked to administer justice – two (2)
review courts and two (2) trial courts as follows:

Review courts:
o Supreme Court
o Court of Appeals
Trial courts:
o Regional Trial Courts
o Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and Municipal
Trial Courts in Cities

 Aside from these four (4) regular courts, the Judicial branch has also 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:
o Sandiganbayan – is a special court that has exclusive jurisdiction over cases (including graft,
corruption, and other offenses) committed by public officers and employees and those in
government-owned and controlled corporations in relation to their position and office.
o Court of Tax Appeals – has exclusive appellate jurisdiction to review by appeal not only civil tax
cases but also those that are criminal in nature (such as criminal offenses arising from violations
of the National Internal Revenue Code or Tariff and Customs Code).
o Shari ’a Courts (Shari ’a District Courts and Shari ’a Circuit Courts) – has the power similar to
the regular courts, but settle legal conflicts between Muslim Filipinos in the sphere of customary
and personal laws.

THE SUPREME COURT

 The Supreme Court is the highest court in the Philippines.


 It is the final court that decides in any and all judicial issues. It can review, revise, reverse, modify, or
affirm, final judgments and orders of the lower court. The most common reason by which a case reaches
the Supreme Court is through an appeal from a decision rendered by a lower court. Appealed cases
generally originate from cases tried in the trial courts. The Supreme Court does not entertain cases
originally filed before it that should have been filed first with the trial courts.

Functions of the Supreme Court

There are two categories in the functions of the Supreme Court: administrative and judicial.

 Administrative Functions - Supervision and control over the judicial branch of the government and its
employees. Declare rules for the admission into the practice of law, for legal assistance to the
underprivileged, and the procedural rules to be observed in all courts throughout the country.
 Judicial Functions - Settlement of actual controversies involving rights which are legally demandable
and enforceable. Judicial Review or the power of the Supreme Court to inquire into the constitutionality
of the acts of both the executive and legislative branches of government.
Composition of Supreme Court

 As indicated in Article VIII of the 1987 Philippine Constitution, the Supreme Court is composed of:
o 1 Chief Justice
o 14 Associate Justices

Appointments to the Judiciary

 By virtue of Article VIII, Section 8, appointments to the judiciary are made by the President of the
Philippines based on a list submitted by the Judicial and Bar Council which is under the supervision of
the Supreme Court.
 Judicial and Bar Council’s principal function is to screen prospective appointees to any judicial post.
 It is composed of the chief justice as ex-officio chairman, the Secretary of Justice and representatives of
Congress as ex-officio members, and a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court and a representative of the private sector as members.

Qualifications

 No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is:
1. a natural-born citizen of the Philippines;
2. at least 40 years of age;
3. must have been a judge of a lower court or engaged in the practice of law in the country for 15
years or more; and
4. must be a person of proven competence, integrity, probity and independence.

 The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

Tenure of Service

 The term of office of Supreme Court members is not fixed.


 Their tenure during good behavior is until they reach seventy (70) years old or become incapacitated to
perform their duties. They can be removed from their position only through impeachment.

COURT OF APPEALS (CA)

 The Court of Appeals is the second highest tribunal in the country


 Court of Appeals has jurisdiction over appeals from the decision of the Regional Trial Courts.

REGIONAL TRIAL COURTS (RTC)

 Regional Trial Courts are called second level courts and are divided into thirteen (13) judicial regions
(further subdivided into several branches).
 RTCs are called appellate courts because these courts hear appeals and review the decisions of lower
courts.
MUNICIPAL TRIAL COURTS and MUNICIPAL CIRCUIT TRIAL COURT

 Every municipality in the Philippines has a municipal trial court.


 It is called municipal court if it covers only one municipality; it is called municipal circuit court if it covers
two or more municipalities.

METROPOLITAN TRIAL COURTS and MUNICIPAL TRIAL COURTS IN CITIES

 Municipal trial courts inside the Metropolitan Area are called Metropolitan trial courts.
 Municipal trial courts in cities outside Metropolitan Manila are called Municipal trial courts in cities.

Katarungang Pambarangay

 As of July 15, 2020, The Official Gazette of the Philippine Government mentioned under the topic of
Philippine Judiciary the existence of Katarungang Pambarangay.
 Through Katarungang Pambarangay Law (Presidential Decree No. 1508), a system of amicably settling
disputes at the barangay level was established. It aims to promote the speedy administration of justice
by easing the congestion of court dockets.
 The court does not take cognizance of cases filed if they are not filed first with the Katarungang
Pambarangay.

References:

https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-viii/

https://mirror.officialgazette.gov.ph/about/gov/judiciary/

https://www.scribd.com/document/483926659/PPG12-Q2-Mod8-Judicial-Branch-of-Government-v2-docx

https://pdfcoffee.com/ppg-module-8-pdf-free.html

https://sc.judiciary.gov.ph/389/

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