Senior High School

PHILIPPINE POLITICS
AND GOVERNANCE
Module 8
Roles and Responsibilities of the
Philippine Judiciary
Philippine Politics and Governance
Self-Instructional Learning Material (SILM)
Module 8: Roles and Responsibilities of the Philippine Judiciary
First Edition, 2020

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Writer: Michael L. Tanggapa
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Pacolor, Oldric J. Licaros, Dolores G. Año
Language Editors: Christine Joy R. Bibat, Edita S. Llenado
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Jay Ar O. Espartero, Alex C. Macale, Mark Daryl T. Lazaro,
Rian S. Linao
Cover Art Designer: Joseph Bacsarpa
Reviewers: Yusof A. Aliudin, Agabai S. Kandalayang, Sheryl B. Bautista,
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Eloisa R. Agni
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 PHILIPPINE POLITICS
AND GOVERNANCE
Module 8
Roles and Responsibilities of the
Philippine Judiciary

`
Introductory Message
For the facilitator:

Welcome to the Philippine Politics and Governance Self-Instructional Learning

Material on Roles and Responsibilities of the Philippine Judiciary.

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For the learner:

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Material (SILM) Module on Roles and Responsibilities of the Philippine Judiciary.
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 skill into real life situations or concerns.

Assessment This is a task which aims to evaluate your

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to you to enrich your knowledge or skill of
the lesson learned. This also tends retention
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 What I Need to Know

Most Essential Learning Competency: Analyze the roles and responsibilities of

the Philippine Judiciary.

Lesson: Roles and Responsibilities of Philippine Judiciary.

After going through this module, you are expected to:

 explain the judicial power of the government;

 describe the supreme court of the government in terms of composition,
terms of office, qualification, function and power; and
 analyze the roles and responsibilities of the Philippine Judicial System.

What I Know

Directions: Choose the letter of the correct answer from the given options. Write
your answers on a separate sheet of paper.

1. What do you call to a formal meeting on court which evidence about crimes,
disagreements etc. presented to the judge so that decisions can be made
according to law?
A. Conference
B. Meeting
C. Session
D. Trial

2. What is the age limit of a natural-born Filipino citizen to be appointed in the

Supreme Court?
A. 30
B. 40
C. 50
D. 60

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3. What do you call to a set of rules made by the government?
A. Constitution
B. Justice
C. Supreme Court
D. Verdict

4. Until what age the member of the supreme court may serve?
A. 60
B. 70
C. 80
D. 90

5. Which of the following is the only way where the member of the Supreme
Court may remove from the office?
A. Court of Appeal
B. Election
C. Impeachment
D. Voting

6. What do you call to a process on the court of using laws to fairly judge and
punish crimes and criminals?
A. Appeal
B. Justice
C. Trial
D. Verdict

7. In which court the suspect may ask to reevaluate the result of the trial
court?
A. Supreme Court
B. Court of appeal
C. Regional trial court
D. Court of Tax Appeal

8. How many associate justices are there in the supreme court?

A. 11
B. 12
C. 13
D. 14

9. What do you call to the highest court of law in a country?

A. Supreme Court
B. Court of Appeal
C. Regional Trial Court
D. Municipal Trial Court

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10.What do you call to a system or set of rules made by the government of
town?
A. Constitution
B. Law
C. Legislative
D. Rules

11.What is the name of the court that governs the code Muslim personal laws?
A. Metropolitan Court
B. Municipal Court
C. Regional Court
D. Shari’a Court

12.Which of the following best describes Sandiganbayan?

A. It is a special court composed of Presiding justice and eight
associate justice?
B. It is a kind of court where the associate justices and chief justice
conduct a meeting.
C. It is a court composed of the Philippine President, Chief Justice and
speaker of the house.
D. A court where the president of the Philippines makes its decision
regarding crimes.

13.All of the following are under the jurisdiction of the judiciary branch, which
of the following does NOT belong to the group?
A. Corruption
B. Rape Case
C. Criminal Case
D. Selection of Cabinet member

14.If the Court issued its decision as guilty to the suspect, the suspect may
appeal at the court of appeal as not guilty. Then where is the final verdict
may come from?
A. Supreme Court
B. International Court
C. Secretary of Defense
D. Office of the President

15.If the judicial branch used it powers to evaluate and examine the validity of
the legislative, executive, and administrative arms of the government and to
determine whether its actions are consistent with the constitution. Which
power does the judicial branch execute?
A. Adjudicatory
B. Incidental
C. Judgement
D. Judicial Review

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 What’s In

Directions: Match the word in Column A to its corresponding to Column B, choose

the letter of the correct answer from Column B that corresponds to
Column A. Write your answer on a separate sheet of paper.

Column A Column B
___1. Senate President A. Total number of senators
___2. Speaker of the house B. Head of the Senate
___3. 12 C. Percentage of District representative
___4. 80% D. Head of the representatives
___5. 24 E. Senators to be vote every election
F. Congress

What’s New

Directions: Arrange the words in the Venn diagram. Write the words in EQUALITY
if it describes equality and write the words to FAIRNESS if it describes
fairness and write it on the middle if it describes both EQUALITY and
FAIRNESS. Write your answer on a separate sheet of paper.

Legal Clean Match

Unbiased Clear Like
Square Pure
Counterpart Objective

EQUALITY FAIRNESS

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What is It

JUDICIAL POWER OF THE GOVERNMENT

The Judicial power of the government is vested in the Supreme Court and the lower
courts as may be established by the law. The Judicial Branch interpret the
meaning of laws, applies to individual cases and decides if laws violate the
constitution.

Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demanded 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.

As the highest court and court of the last resort, the Supreme Court enjoys fiscal
autonomy. To ensure proper interpretation of the laws, it defined the rules and
procedures of the judiciary through the rules of court of the Philippines and the
rules and regulations it issues. These rules and regulations come in the form of
administrative matters, administrative orders, circulars, and memorandum orders.
Members of the judiciary, legal profession and public are informed of this rules and
regulations through the dissemination of these rules and regulations to all courts,
publications of important ones in the newspapers of general circulation and via
printing of these rules and regulations in the book or pamphlet form.

THE PRESENT SUPREME COURT OF THE PHILIPPINES

COMPOSITION

Pursuant to the provision of the 1987 Constitution, the Supreme Court is

composed of a Chief Justice and 14 Associated Justices, who are appointed by the
President, based on the list of nominees presented by the Judicial Bar and Council.
The Judicial Bar and Council is composed of the Chief Justice as ex-officio
chairman, the Secretary of Justice and representative of the Integrated Bar, a
Professor of law, a retired member of supreme court and a representative of the
private sector as a member. Its principal function is that of screening prospective
appointees to any judicial post.

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TERM OF OFFICE

Members of Supreme Court have no fixed term of office. They hold office during
good behavior until they reach 70 years old or become incapacitated to perform
their duties. They can only be removed from the office through impeachment.

QUALIFICATIONS

To beappointed to the supreme court, one must meet the following requirements:
 A natural born citizen of the Philippines
 At least 40 years old at the time of appointment
 Must have been 15 years or more a judge of a lower court or engage in the
practice of law in the country.
 Must be a person of proven competence, integrity, probity and engaged in
the practice of law in the country.

PROHIBITION

The justices of the Supreme Court and members of the other courts established
by the law shall not be designated to any agency performing quasi-judicial or
administrative functions.

FILLING UP OF VACANCY

Upon the vacancy in the court, whether for the position of Chief Justice or
Associate Justice, the President fills the vacancy by appointing one from a list of
at least three nominees prepared by the Judicial and Bar Council withon 3
months or 90 days of occurrence.

CASES

The Supreme Court sits either en banc or in divisions of 3,5 or 7 members.

Since 1970s, the court has constituted itself into 3 divisions with 5 members
each. Majority of the cases are heard and decided by divisions, rather than en
banc. Nonetheless the fundamental charter requires that the court hear en banc
all cases involving the constitutionality of a treaty, international or executive
agreement, as well as those involving the constitutionality, application or
operation of presidential decrees, proclamations, orders, instructions, ordinance
and other regulations.

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FUNCTIONS

The functions of the supreme court I divided into two categories, namely;
administrative and judicial. The administrative functions of the supreme court
relate the supervision and control over the judicial branch of the government and
its employees as well as members of the Philippine Bar. In consonance with the
functions the Supreme Court is empowered to order a change in the venue of a trial
to avoid a miscarriage of justice and appoint all members of judiciary. The
constitution likewise authorizes the Supreme Court to promulgate rules for the
admission into the practice of law, for legal assistance to the underprivileged and
procedural rules to be observed in all court throughout the country.

SCOPE OF JUDICIAL POWER

A. ADJUDICATORY is the formal giving or pronouncing of judgement or decree

in court proceedings. The entry of a decree by a court in respect to the
parties in a case. It implies the hearing by a court, after notice, of legal
evidence on the factual issues involved. It is to settle actual controversies
involving rights which are legally demandable and enforceable.

B. POWER OF JUDICIAL REVIEW is the power of courts of a country to

examine the validity of the actions of legislative, executive, and
administrative arms of the government and to determine whether such
actions are consistent with the constitution. Actions judged inconsistent are
declared unconstitutional and, therefore, null and void. The institution of
judicial review in this sense depends upon the existence of a written
constitution.

C. INCIDENTAL is a power to do things which are auxiliary, related, or

providing support to express duties and functions, and are necessary to
achieve the purpose of the express power, even though such incidental
power is not expressly granted by the statute. It includes the incidental
powers necessary to effective discharge of the judicial functions such as the
power to punish persons adjudged in contempt.

THE PHILIPPINE JUDICIAL SYSTEM

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Municipal Trial Courts and Municipal Circuit Trial Court

Every municipality of the country has its own municipal trial court. If it covers only
one municipality it is considered municipal court. On the other hand, if it covers
two or more municipalities it is called municipal circuit trial court.

Metropolitan Trial Court and Municipal Trial Court in the Cities

Metropolitan trial courts are municipal trial court situated within the metropolitan
area. On the other hand, municipal trial court outside of the metropolitan Manila
are called municipal trial courts in the cities.

Regional Trial Courts

Are the second level courts and are divided into 13 judicial regions which in turn,
are subdivided into several branches. These court exercise appellate jurisdiction
over the first level courts in the country.

Court of appeal

The second highest tribunal in the country its jurisdiction is to issue writs of
mandamus, prohibition, certiorari, habeas corpus, and qou warranto and auxiliary
writs processes, whether or not in aid of its appellate jurisdiction. Exclusive
original jurisdiction over actions for annulment of judgements of regional trial
court.

Court of Tax Appeal

This special court is vested with the exclusive appellate jurisdiction over appeals
from the decisions of the commissioner of Internal Revenue and the Commissioner
of Customs on certain specified issues. It is composed of a presiding judge and a
two associate judges.

Sharias Court

This special court was created by section 137 of Prsidential Decree No. 1083 or
code of Muslim Personal laws. Sharia’s district courts (SDCs) are equivalent to the
regional trial courts in the rank. Which were established in the specified provinces
in Mindanao where the Muslim code on Personal Laws is being enforced.

Sandiganbayan

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It is a special court composed of a presiding justice and eight associate justices
which has exclusive jurisdiction over violation of Anti-Graft and Corrupt Practices
Act (RA No. 3019), the Unexplained Wealth Act (RA No. 1379) and other crimes of
the felonies committed by the public officials and employees I relation to their
office, including those in the government owned and controlled corporations.

Supreme Court

The highest court of the land. It exercises jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto and habeas corpus. It will review, revise,
reverse, modify or affirm, on appeal or certiorari, as the law or

What’s More

Directions: Arrange the scrambled words below. Write your answer on a separate
sheet of paper.

1. ONLAGIRE RUCOT = Second Level Court

2. HASARI TURCO = Created for code of Muslim personal law
3. REPMEMUS ROUCT = Highest court in the country
4. NAYABDIGANNAS =Exclusive jurisdiction for RA 3019 and RA 1379
5. POLOTANMETIR OCUTR= Situated in metropolitan area.

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 What I Have Learned

Directions: Select the letter of the correct answer from the box. Write your answer
on a separate sheet of paper.

A. 14
B. President
C. Constitution
D. Chief Justice
E. Supreme Court
F. Judicial Council

1. Who will give the appointment of the Chief Justice in the judicial branch
based on the nominees submitted by the judicial BAR council?
2. What is the highest court in the Philippines?
3. How many associate justices?
4. What is the highest position in the judicial branch?
5. Who will list down all the nominees of qualified persons to be next Chief
Justice?

What I Can Do

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Directions: Answer the following questions. Write your answers on a separate
sheet of paper.

1. Explain the connection of Judicial Branch to the other two branches

the Executive Branch and Legislative Branch.

2. What is your stand that the Chief Justice must NOT be a friend nor a
family of the President? Why/Why Not?

RUBRIC EXPERT (4) ACCOMPLISHED CAPABLE (2) BEGINNER (1)

(3)
Quality of Very Somewhat Gives some Gives no new
Writing informative informative and new information
and well organized information and very
organized but poorly poorly
organized organized
Grammar Virtually no Few errors in A number of So many
Usage & spelling, spelling, errors in errors in
Mechanics punctuation punctuation or spelling, spelling,
or grammar punctuation punctuation
grammatical or grammar or grammar
errors

Assessment

Directions: Choose the letter of the correct answer from the given choices in. Write
your answers on a separate sheet of paper.

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1. What is the branch of the Philippine government that its primary function is to
interpret the meaning the law and settle controversies/cases legally?
A. Executive
B. Judicial
C. Legislative
D. Senate

2. Who holds highest position in the Judicial Branch?

A. President
B. Chief Justice
C. House Speaker
D. Senate President

3. Who is the authorize person who will give the appointment to the next chief
justice of the Supreme Court?
A. President
B. House Speaker
C. Senate President
D. Associate Justices

4. How many associate justices will serve in the judicial branch?

A. 12
B. 13
C. 14
D. 15

5. What do you call to a power of judicial branch which is giving or pronouncing of

judgement or decree in court proceedings?
A. Adjudicatory
B. Court Trial
C. Incidental Power
D. Judicial Review

6. Which of the following is the power of the judicial branch for the effective
discharge of the judicial functions such as the power to punish persons
adjudged in contempt?
A. Adjudicatory
B. Court Trial
C. Judicial Review
D. Incidental power

7. What do you call to the second level highest court in the Philippines?
A. Regional Trial Court
B. Court of Tax Appeal

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 C. Municipal Trial Court
D. Metropolitan Trial Court

8. Which of the following is the highest court of the land?

A. Sharia Court
B. Supreme Court
C. Court of Appeal
D. Regional Trial Court

9. What do you call to the court that governs the law of Muslim Filipinos?
A. Sharia Court
B. Supreme Court
C. Regional Trial Court
D. Municipal Trial Court

10. What is the age of the Chief Justice and Associate Justices as prescribe
by the qualification before entering in the Supreme Court?
A. 40
B. 50
C. 60
D. 70

11.What is the only way that the Chief Justice may remove from the office?
A. Election
B. Impeachment
C. Waver
D. Verdict

12.Given that the Supreme Court had given its verdict as guilty. What will be the
other way the prisoner may set free?
A. Sharia Law
B. Presidential Pardon
C. Regional Court Pardon
D. Supreme Court Pardon

13.One of the vital roles of the congress is formulating law that the people of the
country must abide to maintain peace and harmony, if the Judiciary
Department find lapses and violation to the constitution on the act or crafted
law, which judicial power they may use?
A. Judicatory
B. Judicial Review
C. Executive power
D. Incidental power

14.One of the qualifications to be appointed as the member of the supreme court is

to have at least 15 years as a judge of the lower court. What do you think is the
reason?

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 A. This is to gain more knowledge and experience in the lower court to
be used in the higher court.
B. B. This is to gain more friends and allied in the lower court before
entering in the higher court.
C. C. This is for the member of the higher court will enjoy first the lower
court before on the higher court.
D. This is for the seniority of the employees.

15.Why should the independence of the judicial branch of the government be

maintain and protected?
A. To maintain equal law to others.
B. To give justice to the specific job of law makers.
C. For them to focus only in law making and decisions
D. To maintain the credibility and fairness in giving decisions.

Additional Activities

Directions: Read carefully the question below and write your answer on a separate
sheet of paper.

In the case of Sharia Law and Sharia Court, why do you think that the Philippine
system of law and court embraces its rule?

__________________________________________________________________________________

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RUBRIC EXPERT (4) ACCOMPLISHE CAPABLE (2) BEGINNER (1)
D (3)
Quality of Very Somewhat Gives some Gives no new
Writing informative informative and new information
and well organized information and very
organized but poorly poorly
organized organized
Grammar Virtually no Few errors in A number of So many
Usage & spelling, spelling, errors in errors in
Mechanics punctuation, punctuation, or spelling, spelling,
or grammar punctuation punctuation
grammatical or grammar or grammar
errors

Answer Key

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Reference

Villanueva, Prince Aian G. Philippine Politics and Governance. Makati City,

Philippines: Diwa Learning Systems Inc, 2017.

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 DISCLAIMER
This Self-Instructional Learning Material (SILM) was developed by the
Schools Division of Cotabato. It aims to provide learners with materials that
could be used in the new normal and is based on the modality preferred by
most parents and learners. It is hoped that through this, the education of
the children in the Province of Cotabato shall continue. This shall likewise
be used by the learners of all public schools in the schools division
beginning SY 2020-2021. Furthermore, the process of LR development was
observed in the production of this module. This is version 1.0. We highly
encourage feedback, comments, and recommendation.

For inquiries or feedback, please write or call:

Department of Education – Schools Division of Cotabato

Learning Resource Management System (LRMS)

DepEd-Cotabato Division, Capitol Compound, Amas, Kidapawan City

Telefax No.: (064) 577-7017

Email Address: lrcotabato@gmail.com

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