SHS

Philippine Politics and

Governance
Quarter 1: Week 11 - Module 11

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PHILIPPINE POLITICS AND GOVERNANCE
Grade 11 Quarter 1: Module 11- Week 11
First Edition, 2020

Copyright © 2020
La Union Schools Division
Region I

All rights reserved. No part of this module may be reproduced in any form without
written permission from the copyright owners.

Development Team of the Module

Author: Marybeth Nudas Garcia, T-II

Editor: SDO La Union, Learning Resource Quality Assurance Team
Illustrator: Ernesto F. Ramos Jr., P II

Management Team:

Atty. Donato D. Balderas, Jr.

Schools Division Superintendent
Vivian Luz S. Pagatpatan, Ph.D.
Assistant Schools Division Superintendent
German E. Flora, Ph.D., CID Chief
Virgilio C. Boado, Ph.D., EPS in Charge of LRMS
Mario B. Paneda, Ed.D., EPS in Charge of Araling Panlipunan
Michael Jason D. Morales, PDO II
Claire P. Toluyen, Librarian II

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 Philippine Politics and
Governance
Quarter 1: Module 11 - Week 11

iii
 Target

The Philippine government has three (3) branches: executive, legislative and
judicial. Each branch has a specific function different from the others. The
executive branch is in charge of rule-implementation, the legislative branch is
tasked with rule-making, and the task of the judicial branch is rule-adjudication or
rule-implementation. There is no one who must dominate the others because they
are considered to be co-equal branches. Obviously, this is the principle of
separation of powers which seeks or aims for checks and balances in the
government.

In the previous lesson, you have already learned about the executive branch
and legislative branch of the governeent. In the national level, the executive branch
is composed of the President and the Cabinet members and secretaries. They are
in-charge of implementing the laws and policies of the State. The legislative branch
is the Congress, which is bicamiral in nature. It is divided into two: the Senate and
the House of the Representatives. The former is considered to be the upper house
because the members are voted nationally and the latter is called the lower house
or chamber of the legislative branch. There are twenty-four (24) senators who will
serve six (6) years per term per election (1987 Philippine Constitution, Article VI,
Section 4). There is no exact number of members of the lower house because it
depends on the number of legislative districts and the number of party-list
representatives who will get their seats. Each member of the house shall serve for
three (3) years and three (3) consecutive terms (1987 Philippine Constitution,
Article VI, Section 7).

This lesson will provide you with information and various activities that will
help you understand the roles and responsibilities of the judicial branch of the
government.

After going through this lesson, you are expected to analyze the roles and
responsibilities of the Philippine Judiciary.

Specific Learning Objectives:

1. define judicial power;

2. identify the roles and responsibilities of the Philippine Judiciary;
3. discuss how the judiciary exercises political neutrality and
fairness; and
4. evaluate the performance of the Philippine Judiciary as a dispense
of justice and a protector of constitutional safeguards to freedom.

Before going on, answer the activities below to check on what

you know about the topic. Have fun and good luck!

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 Jumpstart

Activity 1 Choose Me
Directions: Choose from the box the word/s that best describe/s the each item
below. Write your answers in a separate sheet of paper.

Chief Justice Lower Courts Sandiganbayan

Court of Appeals Philippine Judiciary Senate President
Court of Tax Appeals President Special Courts
Judicial Power Quo warranto Supreme Court

_____1. It is the branch of the government that determines the constitutionality of

the law.
_____2. It is considered as the country’s highest court.
_____3. This court reviews decisions of the Regional Trial Courts.
_____4. He appoints the Chief of the Supreme Court.
_____5. This handles graft and corruption cases of government officials.
_____6. This is vested in the Supreme Court and other lower courts.
_____7. It refers to the action made by the government to recover an office or
franchise from an individual or corporation.
_____8. He holds the highest position in Philippine Judiciary.
_____9. These are tribunals that have limited jurisdiction over certain cases or
controversies.
_____10. These include city and municipal courts.

Discover

The Philippine Judiciary is composed of different courts. This is the only

branch of government that does not find itself in fusion with the other two
branches. Its main function is rule-adjudication or rule-interpretation. In essence,
it is incharge of determining the constitutionality of the law. Correspondlingly, in
case of conflicts of law, it decides on which one is correct. The power of the
judiciary rests on the Supreme Court and the lower courts, which include the
Court of Appeals, Sandiganbayan, down to the Regional Trial Courts, the
Metropolitan Trial Court, and the Municipal Trail Court.

Judicial Power
Article VIII, Section 1 of the 1987 Constitution stipulates that Judicial power
will be vested in the Supreme Court and all lower courts. Judicial power is the
power to apply the laws to contests or disputes or concerning legally recognized
rights and duties between the state and private persons, or to individually litigants
in cases properly brought before judicial tribunal.

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 The 1987 Philippine Constitution, as mentioned by Paliwen and Paliwen
(2017) states that judicial power entails two activities: (a) to settle actual
controversies involving rights which are legally demandable and enforceable and (b)
to settle 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. Obviously, Philippine Judiciary not only rules on legal issues but also
on the other two branches (executive and legislative), as what the late senator
Mirriam Defensor Santiago said, “ whenever the court finds that the other
department has committed grave abuse of discretion”.
Furthermore, the scope of judicial power includes:
a. Adjudicating Power or the power to settle legal disputes;
b. Power of Judicial Review or the power of the Supreme Court to
interpret and make judgments with respect to the law; and
c. Incidental Powers or powers necessary for the discharge of the judicial
function (Tabajen and Pulma, 2016). Thus, the central function of the
judges is to adjucate and interpret the law (Francisco and Francisco,
2016).

As one of the three independent, coequal, and coordinate branches of the

government, the judicial branch or the Philippine Judiciary’ s independence is
manifested in the following: (a) creation of the Judicial and Bar Council; (b)
expanded power of judicial review; (c) fiscal autonomy of the judiciary; (d) power to
review proclamation of martial law and the suspension of the writ of habeas corpus;
(e) security of tenure of judges; and (f) the Supreme Court as judge in presidential
elections.

Structure, Composition, and Organization of the Philippine Judiciary

There are three kinds of courts in the country: the regular courts, the special
courts, and the quasi-judicial courts or quasi-judicial agencies.

Supreme Court
Chief Justice(Head)

Court of Appeals Sandiganbayan Court of Tax Appeals

Regional Trial Courts Shari’a District Courts

Metropolitan Municipal Municipal Municipal Sharia’a

Trial Trial Courts Trial Courts Circuit Trial Circuit
Courts in Cities Courts Courts

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 Regular courts include the following: (1) Supreme Court; (2) Court of
Appeals; (3) Regional Trial Courts; and (4) Metropolitan Trial Courts, Municipal
Trial Courts, Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities.
The first two are review courts and the last two are trial courts. Special courts are
tribunals that have limited jurisdiction over certain cases or controversies. The
Shari’a Court, the Court of Tax Appeals, and the Sandigan Bayan are examples of
special courts (Villanueva, 2017). Quasi-courts or Quasi-judicial agencies exercise
adjudicatory powers in certain types of controversies. These include agencies such
as the Civil Service Commission, Commission on Elections, and Commission on
Audit (Pangalangan, 2011).

Roles and Functions of the Philippine Judiciary

A. The Supreme Court

The Supreme Court, also known as the court of last resort is the highest
court, composed of a Chief Justice and fourteen (14) Associate Justices. They are
all appointed by the President from a list given by the Integrated Bar of the
Philippines (1987 Philippine Constitution, Article VIII, Section 4).

The following are the functions of the Supreme Court according to the 1987
Constitution, Article VIII, Section 5:
1. Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus;
 certiorari – individual action; a writ issued by a superior court
requiring a lower court or a board of officer exercising judicial
function to transmit the records of a case to the higher tribunal for
the purpose of review
 prohibiton – a written order by which a superior court commands a
lower court or a corporation, board, or a person to desist from
further proceedings in action or matter
 mandamus – an order issued by a higher court commanding a
lower court or corporation, board, or a person to perform a certain
act, which is its duty to do. It orders a compliance or performance
of an act.
 quo warranto – an action by the government to recover an office or
franchise from an individual or corporation usurping or unlawfully
holding it
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 lower
courts in:
a. all cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presedential decree,
proclamation, order, instruction, ordinance, or regulation is in
question

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 b. all cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto
c. all cases in which the jurisdiction of any lower courts is in issue
d. all cases in which the penalty imposed is reclusion perpetua or
higher
e. 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 assignment 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;
5. Promulgate rules concerning the protection and enforcemennt of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, the legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform to 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; and
6. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.

Aside from abovementioned functions, Article VIII, Section 6 also provides

that “the Supreme Court shall have administrative supervision over all courts and
the personnel thereof”. The Judicial and Bar Council, the Office of the Court
Administrator, the Philippine Judicial Academy, and the Philippine Mediation
Center are under the Supreme Court. The Judicial and Bar Council is created
under the supervision of the Supreme Court, composed of the Chief Justice as ex-
officio Chairman, the Secretary of Justice, and a representative of the Congress as
ex-officio member, a representative of the Integrated Bar, a professor of law, a
retired member of the Supreme Court, and a representative of the private sector
(Section 8, Article VIII). It was stated further in the provision that “the Judicial and
Bar Council shall have principal function of recommending appointees to the
Judiciary and it may exercise such other functions and duties as the Supreme
Court may assign to it”.

B. The Court of Appeals

The Court of Appeals is the second highest tribunal or legal court in the
country. It is composed of a presiding officer and sixty-nine (69) associate justices
who are appointed by the president. Generally, Court of Appeals receives, reviews,
and resolves appeals on decisions of Regional Trial Courts, as well as that of the
Office of the Ombudsman in cases wherein one of the parties is not satisfied with
the decision. Court of Appeals also has the power on the issuance of certain legal
documents and orders (Paliwen and Paliwen, 2017).

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C. The Court of Tax Appeals

The Court of Tax Appeals is composed of one presiding justice and five
associate justices. It retains exclusive appellate jurisdiction to review by appeal not
only civil tax cases but also those that are criminal in nature (Villanueva, 2017). It
focuses on reviewing and resolving appeals of decisions from the Commissioner of
Internal revenue, Commissioner of Customs, Department of Finance, Department
of Trade and Industry, and other legal courts concerning cases related to tax, tariffs,
and other monetary obligations to the government (Paliwen and Paliwen, 2017).

D. The Sandiganbayan

The Sandigan Bayan is a special court that has jurisdiction over civil cases
like graft and corruption and other cases committed by government officials, public
officers and employees and those in government-owned or government-controlled
corporations (Villanueva, 2017).

It has the following mandates:

(a) The Batasang Pambansa shall create a special court, to be known
as Sandiganbayan, which shall have jurisdiction over criminal and
civil cases involving graft and corruption 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 (Section 5, Article XIII,
1973 Constitution); and
(b) The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or
hereafter maybe provided by law (Section 4, Article XI, 1987
Constitution).

E. The Lower Courts

Ramirez (1969) as mentioned by Paliwen and Paliwen (2017), lower courts

such as City and Municipal Courts have original jurisdiction over cases such as,
but not limited to, violation of municipal ordinances, gambling, assault, estafa to a
certain amount, malicious mischief, trespassing, and illegal possession of firearms.

F. The Shari’a Court

The Shari’a Court has the powers similar to the regular courts but the
subjects over whom judicial powers exercised are limited to Muslim Filipinos
(Pangalangan, 2011).

The Philippine Judiciary Exercises Political Neutrality and Fairness

Section 15, Article VIII of the 1987 Constitution provided a timetable for the
resolution of the cases brought to the judiciary:

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 (a) two years for the Supreme Court;
(b) one year for the lower collegiate courts; and
(c) three months for all other lower courts.

In case the issue is not resolved within those periods, a certification signed
by the Chief of Justice or presiding judge stating why the case has not been
resolved shall be issued and served to both parties. Section 15, paragraph 4 further
states that “despite the expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay”.

Miriam Defensor-Santiago stated that “in order to further maintain

objectivity in the system, the judicial branch sometimes transfer one jufge or even
cases from city to another” (Paliwen and Paliwen , 2017).

Explore

Here are some enrichment activities for you to work on

to master and strengthen the basic concepts you have learned
from this lesson.

Enrichment Activity 1
Directions: Complete the graphic organizer. Write your answer in a separate sheet
of paper.
The Three Kinds of Courts and their Composition

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Enrichment Activity 2
Directions: Complete the table by listing down the roles and responsibilities of
each court. Write your answer in a separate sheet of paper.

Roles and Responsibilities

Supreme Court

Court of Appeals

Court of Tax Appeals

Sandiganbayan

Lower Courts

Shari’a Court

Great job! You have understood the lesson. Are you

ready now to summarize?

Deepen

Activity 1
Directions: Answer the following questions briefly but substantially. Write your
answer in a separate sheet of paper. Your answers will be scored based on the
rubrics below.

Criteria Score

Content 2

Mechanics 2

Neatness 1

1. How does the Philippine judiciary exercises political neutrality and fairness?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

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 2. Why does the expanded judicial system of the Philippines (which comprises
regular courts, special courts, and quasi-judicial agencies) important in the
speedy administration and delivery of justice?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

3. What is your concept of justice? Does it work in our present legal system?
Why or why not?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Activity 2
Directions: Guided with the provided rubrics below, cut and paste a
newspaper/magazine clipping depictng proof or manifestation that the Philippine
Judiciary is “for truth, no matter who tells and for justice, no matter who it is for or
against”. Explain further the content of the clippings. Use a separate paper for your
output. Use a separate sheet of paper for your output.

Criteria Score

Content 2

Mechanics 2

Neatness 1

Great job! You are almost done with this lesson.

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 Gauge

Assessment 1
Directions: Analyze each statement below. Write TRUE if it is correct, otherwise
FALSE. Place your answers in a separate sheet of paper.
1. The judicial system of the Philippines is expanded, it comprises regular
courts, special courts, and quasi-judicial courts.
2. The Sandiganbayan is the second highest court or tribunal in the country
3. It is important that the judiciary is an independent entity, free from control
by anyone because it reflects the quality of democracy that the country lives
up to.
4. As the one that dispenses justice, the Judiciary must be continuously
reformed to adapt to changing times.
5. The judicial branch never allows transfers of one judge or case from one city
to another.
6. The Chief Justice is appointed solely by the President
7. The jurisdiction of lower courts is limited to cases on the violation of
municipal ordinances, trespassing, gambling, assault, and estafa.
8. The Court of Tax Appeals reviews decisions from the Commissioner of
Internal Revenue, Commissioner of Customs, Department of Finance, and
Department of Trade and Industry.
9. The Supreme Court is also known as the court of last resort.
10.Despite the expiration of the applicable mandatory period, the court shall
decide or resolve the case submitted thereto for determination wiout further
delay.
Assessment 2

Directions: Identify what is described in each number. Write your answers in a

separate sheet of paper.

1. The action made by the government to recover an office or franchise from an

individual or corporation
2. Handles graft and corruption cases of government officials
3. Branch of the government that determines the constitutionality of the law
4. Tribunals that have limited jurisdiction over certain cases or controversies
5. Holds the highest position in Philippine Judiciary
6. Power vested in the Supreme Court and other lower courts
7. The highest court in the Philippines
8. Appoints the Chief of the Supreme Court
9. Reviews decisions of the Regional Trial Courts
10.These include city and municipal courts.

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Answer Key

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References
Printed Materials
Francisco, P. S. and Francisco, V.J. (2016). Introduction to Philippine Politics and
Government. Manila, Philippines: Midshapers Company Incorporated
Pangalangan, R. (2011). The Philippine Judicial System, Asian Law Series, no. 5,
retrieved from http://www.ide.go.jp/English/Publish/Download/Als/05.html.
Paliwen, R.A. and Paliwen, R.M. (2017). Philippine Politics and Governance, First
Edition. Manila, Philippines: Rex Bookstore
Tabajen, R. C. and Pulma, E. B. (2016). Philippine Politics and Governance. Pasay
City, Philippines: JFS Publishing Services
Villanueva, Prince Aian G. (2017). Philippine Politics and Governance, Senior High
School Series. Makati City, Philippines: Diwa Learning Systems Inc.
1987 Philippine Constitution, Article VIII, Section 1
1987 Philippine Constitution, Article VIII, Section 4
1987 Philippine Constitution, Article VIII, Section 8
1987 Philippine Constitution, Article VIII, Section 15
1987 Philippine Constitution, Article XI, Section 4

Website:
https://www.officialgazette.gov.ph/about/gov/judiciary/

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