Judicial

Department
Lecture by :
Exzur Jay Arabia
Outline of the lecture
1. Composition of Judicial Department

2. Definition of Judicial power

3. Powers of the Supreme court

4. Qualifications of the members of the Judiciary

5. Doctrine of Stare Decisis

 JUDICIAL
DEPARTMENT
(Article VIII)
The third branch of the government is the judiciary. It is composed of
judicial courts tasked to interpret the law and decide cases brought to
them. To this branch falls the task of deciding disputed issues of law,
of protecting the rights of individuals under the law, and of determining
violations and imposing penalties for them.

The chief function of the Judiciary is to interpret the law and apply it to
individual cases which are brought to its attention. In the Philippine
setting, the Judiciary serves as an honorable office to protect the
rights of the people being violated.

Of the three branches, the members of the judiciary are appointed by

the president; they are not elected which makes them non-partisan in
the realm of the government.
Article VIII, Section 1
The Judicial power shall be vested in one Supreme court
and such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to

settle actual controversies involving rights which are
legally demandable 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.
The Supreme Court
is composed of 15
Justices appointed
by the President of
the Philippines. The
Justices can be
removed from office
by Impeachment
(Article XI Section 2)
The powers of the
supreme court are
enumerated in Article
VIII, Section 5 of the
1987 constitution
1. Exclusive power to pass judgment on original jurisdiction
2. Exercise over cases affecting ambassadors, other public ministers and consuls
3. Review, revise modify or affirm on appeal final judgments and orders of lower
courts

a. Cases which the constitutionality and validity of treaty, international or

executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation is in question

b. Cases involving legality of any tax, impost, assessment or toll or any penalty
imposed thereto

c. Cases which the jurisdiction of any lower court is in issue

d. Criminal cases which the penalty imposed is reclusion perpetua or higher

e. All cases in which only an error or question of law is involved

4. Cases in which only an error or question of law is
involved

5. Power to temporarily assign judges of lower

courts
6. Power to change the venue of trial
7. Rule making power
8. The Supreme Court should supervise all the
courts
Qualifications of
members of the
judiciary
(Article VII Sec. 7)
Qualifications of the members of the Supreme Court
1. Natural born citizen of the Philippines
2. At least 40 years of age
3. Must have been for fifteen years or more a judge of
a lower court or engaged in the practice of law in
the Philippines

A member of the judiciary must be a person of proven

competence, integrity, probity and independence.
ARTICLE viii
SECTION 11
“The Members of the Supreme
Court and judges of lower
courts shall hold office during
good behavior until they reach
the age of seventy years or
become incapacitated to
discharge the duties of their
office…”
Judicial and bar council
(article viii, section 8)
Members of Judicial and bar council :
• Chief Justice of the Supreme Court
• Secretary of Justice
• Representative of Congress
• Representative of the Integrated Bar
• Professor of Law
• Retired member of the Supreme Court
• Representative of the private sector
Judicial and bar council

The Council shall have the principal function of

recommending appointees to the Judiciary. It
may exercise such other functions and duties as
the Supreme Court may assign to it.
HIERARCHY OF COURTS
Supreme Court- The highest court of the land. It is the court of last
resort in the Philippines. The Philippine Supreme Court is expressly
brought about by the constitution.
As the administrative head of the judiciary, it has the power to put
law into effect with respect to pleading, practice and procedures in
court, the admission to the practice of law, and the Integrated Bar
of the Philippines. The Supreme Court also has the power to
discipline judges of lower courts
Court of Appeals- A court authorized to hear appeals from lower
courts. The purpose of the court of appeals is to look into whether
a miscarriage of justice is committed in the judgment of the trial
court. But then, if a wrong action attributable to erroneous
judgment was committed, the justices of the court of appeals will
direct the case to be re-tried or it can reverse (overrule) the
judgment of the lower courts.
Court of Tax Appeals- This is a special court of restrained jurisdiction
brought into existence under Republic Act 1125 and amended by R.A 8292.
This court is made to review on appeal decisions held by the Commissioner
of Customs and the Commissioner of Internal Revenue.

Sandiganbayan- Hears disputes involving graft and corruption practices

and plunder cases charged against government officials and employees,
and other infringement caused to prevail in relation to their office.
Shari’a District Courts- These are courts of
limited jurisdiction brought into existence under
Presidential Decree 109 within the sole jurisdiction
of the shari’a court chiefly refer to family duties
and responsibilities as well as contractual relation
of Filipino Muslim in the Southern Provinces
Regional Trial Court- These are courts of general jurisdiction brought into existence
and are instituted in all regions of the country presided over by a trial judge. These
courts hear disputes arising under the common law and civil laws and hear
prosecutions under criminal laws.

Metropolitan trial courts in Metropolitan area, municipal trial court in every city and
in each of the municipalities, and a municipal circuit trial court. These lower courts
shall carry out and determine violation of city or municipal ordinances committed
within their jurisdiction and involving offenses punishable with imprisonment not going
beyond six years regardless the amount of fine.
Resolution of cases for Supreme Court and lower
courts (Article VIII, Sec. 15)

Resolutions of cases:
• Supreme Court- within 24 months
• Lower Collegiate Court- within 12 months
• Other Lower Court- within 3 months

• A case or matter shall be deemed submitted for decision or

resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the court itself.
ARTICLE VIII, SECTION 14
No decision shall be
rendered by any court
without expressing therein
clearly and distinctly the
facts and the law on which it
is based.

No petition for review or

motion for reconsideration
of a decision of the court
shall be refused due course
or denied without stating the
legal basis therefor.
DOCTRINE OF STARE DECISIS
The doctrine states that when a case has
been decided in one way, then another case
involving similar facts and similar point in
law should also be decided in the same
manner. This is known as a precedent in the
Philippine legal system.
Justice must be served.