Module 8: The Judiciary

In this module, you will be able to:

• identify the roles and responsibilities of the Philippine judiciary;
• discuss how the judiciary exercises political neutrality and fairness;
• evaluate the performance of the Philippine judiciary as a dispenser of justice and a
protector of constitutional safeguards to freedom; and
• identify key actors’ roles in the prospect of judicial reform (enrichment).

Have you ever wondered how disputes are settled? Say for instance, how is a conflict
between two individuals solved? How is justice served when an individual violated a law?
Where can people ask for help when the government commits violation of citizens’ rights?
These questions pertain to the interpretation and application of the law.

You have already learned that the national government is comprised of three branches,
which are co-equal and which operate under a system known as separation of powers and
checks and balances. If the legislative enacts laws and the executive implements them, what
roles does the judiciary play? This section deals with the third branch of the government—
the judiciary. In addressing the questions raised above, the judiciary exercises what is called
its judicial power.

Judicial Power
The power to decide on legal disputes is
known as judicial power. Article VIII, Section 1 of
the 1987 Constitution provides that “judicial power The judicial branch is the final
shall be vested in one Supreme Court and in such safeguard of liberty. It protects the
people from someone else’s exercise
other lower courts as may be established by law.” As of abusive power, violence, or force.
provided in the same section, “it 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.” Hence, the central function of
the judges is to adjudicate and interpret the law.

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 The judicial branch is one of the three independent, coequal, and coordinate branches
of the government. The independence of the Philippine judiciary is manifested in the
following:
• Creation of the Judicial and Bar Council
• Expanded power of judicial review
• Fiscal autonomy of the judiciary
• Power to review proclamation of martial It is important that the judiciary is
law and the suspension of the writ of habeas an independent entity, free from control
corpus by anyone. This reflects the quality of
• Security of tenure of the judges democracy that a nation lives up to.
• The Supreme Court as judge in presidential
elections

What Have I Learned So Far?

1. Why should the independence of the judicial branch of the government be maintained
and protected?

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2. What constitutional guarantees are there to make sure the independence of the judiciary
is evident in the Philippines?

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 Reflect Upon

How are disputes settled, say, in your school or in your family? How important is the
presence of a body that addresses this concern at the bigger society?

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Structure, Organization, and Composition of the Judiciary

The present judiciary is comprised of regular courts tasked to administer justice. These
are organized into four, the first two being review courts and the last two being trial courts:
• Supreme Court
• Court of Appeals
• Regional Trial Courts
• Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and
Municipal Trial Courts in Cities

There are also special courts, which are tribunals that have limited jurisdiction over
certain cases or controversies. One example is the Shari’a Court, which has the powers similar
to the regular courts but the subjects over whom judicial powers are exercised are limited to
Muslim Filipinos (Pangalangan 2011). Another is the 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. Finally, the 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.

The expanded judicial system of the Philippines

also includes quasi-courts or quasi-judicial
agencies. These are bodies or agencies that exercise
The expanded judicial system of
adjudicatory powers in certain types of controversies. the Philippines, which comprises regular
While judicial powers technically pertain to and are courts, special courts and quasi-judicial
exercised only by courts, agencies such as the Civil agencies, is important in the speedy
administration and delivery of justice.
Service Commission, Commission on Elections,
and Commission on Audit also posses quasi-judicial
powers (Pangalangan 2011).

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 The following presents the organization of regular courts.

Supreme Court
Head
Chief Justice

Court of Sandiganbayan Court of Tax

Appeals Appeals

Regional Shari’a
Trial Courts District Courts

Metropolitan Municipal Municipal Municipal Shari’a

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

Fig. 8.1 The organization of courts

Source: http://www.gov.ph/about/gov/judiciary/

The Basics of Political Science and Philippine Politics 109

 Reflect Upon

Do you agree that “justice delayed is justice denied”? Explain your answer by sharing
an example of a person you know, who has experienced delay in the administration of
justice. What does this say about Philippine society?

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BEYOND WALLS 8.1 Read and Answer

Read the historical overview of the Philippine judicial system at: http://d-arch.ide.go
.jp/idedp/IAL/IAL000500_003.pdf. Do and answer the following afterward.
1. Prepare a time line of important events in the development of the Philippine judiciary.

2. What are some of the early Filipino traditions that influenced the current system of
dispute settlement?
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3. How did the colonial experiences of the country influence the current judicial
system?
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110 Philippine Politics and Governance

The Supreme Court
The Supreme Court is also known as the court of last resort. It is composed of a chief
justice and 14 associate justices.

Powers of the Supreme Court

according to Article VIII, Section 5 of the 1987 Constitution

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.
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, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.

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 court is in issue.

d. All criminal 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 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 under-privileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for 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.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.

The Basics of Political Science and Philippine Politics 111

 Section 6 also provides that the Supreme Court
shall have administrative supervision over all courts
and the personnel thereof.
The Supreme Court is also known
The offices under the Supreme Court include as the highest court as its decisions
are considered to be final, non-
the Judicial and Bar Council, the Office of the Court appealable, and executory.
Administrator, the Philippine Judicial Academy, and
the Philippine Mediation Center.

Section 8 provides that “a Judicial and Bar Council is hereby 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 Members, a representative of the
Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative
of the private sector.”

The president shall appoint the members of the Judicial and Bar Council for a term
of four years with the consent of the Commission on Appointments. “Of the Members first
appointed, the representative of the Integrated Bar shall serve for four years, the professor
of law for three years, the retired Justice for two years, and the representative of the private
sector for one year” (Section 8, paragraph 2). Moreover, “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” (Section 8, paragraph 5).

Qualifications, Term of Office, Appointment, and Removal of the Members of Judiciary

The following are the qualifications of the members of the Supreme Court as provided
by Article VIII, Section 7, paragraph 1:
• Natural-born Filipino citizen
• At least 40 years old
• Must have been for 15 years or more a judge of a lower court or engaged in the practice
of law in the Philippines
• Of proven competence, integrity, and probity

Paragraph 2 of the same section provides that 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.”

Meanwhile, Section 9 stipulates that “the Members of the Supreme Court and judges
of the lower courts shall be appointed by the President from a list of at least three nominees

112 Philippine Politics and Governance

prepared by the Judicial and Bar Council for every vacancy. Such appointments need
no confirmation. For the lower courts, the President shall issue the appointments within
ninety days from the submission of the list.” Just like the president and vice president, the
justices of the Supreme Court may be removed from office through impeachment (Article
XI, Section 2).

Section 11 of Article VIII mandates that the members of the Supreme Court and the
judges of lower courts shall hold office in good behavior until they reach 70 years old, or
become incapacitated to fulfill their duties. The authority to discipline judges of lower courts
is vested in the Supreme Court en banc. The judges of lower courts could also be dismissed
by a vote of a majority of the members who took part in the deliberations on the issues of
the case.

Finally, section 12 prohibits the members of the Supreme Court and of other courts to be
designated to any agency which performs quasi-judicial or administrative functions.

What Have I Learned So Far?

1. What are the qualifications of members of the judiciary?

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2. Compare and contrast these qualifications with those of the other members of the two
other branches of the government. What are your observations?

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The Basics of Political Science and Philippine Politics 113

Issues, Challenges, and Prospects
The Philippine judicial system is far from
perfect as it continues to face several issues
and problems. Among these are the widespread
perception of graft and corruption; questions As the one that dispenses justice,
the Judiciary must be continuously
on judicial independence and the manner of reformed to adapt to changing times.
appointments; negative perceptions on delivering
justice; delay and inefficiency in the administration
of the judicial system; and people’s accessibility to courts, among others.

As Dressel (2011) observed, “despite constitutional safeguards for judicial independence

and the assertiveness of the Philippine Supreme Court, the judicial system generally is plagued
by problems ranging from limited access to justice by the poor to chronic inefficiency and
widespread perceptions of corruption and political interference.” He added that the Philippines’
poor have far less access to justice as compared to those who have connections and who make
use of the system to their advantage. High-level corruption is rarely prosecuted. While the
highest court of the land achieved points of success with regard to judicial reform, its programs
are still spoiled by killing of judges, filing of libel suits against critical members of the media
(as done by President Arroyo), and the granting of presidential pardon to President Estrada
in 2007. There were also last-minute Supreme Court appointments done by Arroyo, which
raised questions about the independence of the highest court. With President Benigno Aquino’s
election and platform under “Tuwid na Daan,” late Chief Justice Renato Corona, an Arroyo
appointee, was impeached.

Political patronage and interference

continue to threaten the independence of the
The prospect of judicial reform does
judiciary. Creating a strong, apolitical judiciary not only concern the judiciary. Other
is more crucial in the context of Philippine organizations and agencies are also
democratic consolidation. The declining important in this respect. You can also
take part in this agenda.
political trust of the public on the judiciary and
the justice system is also an important concern.
The immediate settling of cases and enhancing the administration of justice remain to be
important challenges to judicial performance. The judiciary must also address the growing
complexity of legislation and the need for advanced technologies, which will enable courts
to cope with the challenges of the digital age.

114 Philippine Politics and Governance

 Nonetheless, it must be realized that the prospects of judicial reform in the country is not
solely the task of the said government branch. The judiciary encompasses an expanded justice
system, and it involves several stakeholders—including, but not limited to—other branches
and agencies of the government, public and private groups, and the people.

Reflect Upon

How can you actively participate in judicial reform? What roles can you possibly
play as a student in this agenda?
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BEYOND WALLS 8.2 Read and Answer

Read the discussion on alternative modes of dispute resolution in the Philippines by

visiting http://d-arch.ide.go.jp/idedp/IAL/IAL000500_009.pdf. Do/Answer the following
afterward.
1. Research on what disputes are settled through the Katarungang Pambarangay in your
community.
2. How successful is the use of alternative modes of dispute, such as mediation or
conciliation, in your barangay and in the larger Philippine society? What is the future
of alternative modes of dispute settlement?
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The Basics of Political Science and Philippine Politics 115

 BEYOND WALLS 8.3 Go Online

Visit the Web site of Social Weather Stations at http://www.sws.org.ph or Pulse Asia
at http://www.pulseasia.ph. Research the public’s trust ratings of the Philippine judiciary
and its members. Make a comparison of trust ratings of the Supreme Court or the Chief
Justice with those of the other offices or officials of the government since 2001. What are
some of the trends and patterns that you observe?

BEYOND WALLS 8.4 Apply It in Real Life

You are a columnist in a well-known broadsheet in the Philippines. You are to write
your views and opinions on a particular issue in the Philippine justice system. Your editor will
evaluate your work based on content (relevance) and structure (grammar and organization).
You may also format your article just like how it appears in a column in the opinion/editorial
section of the newspaper.

Extend Your Knowledge

• For a comprehensive presentation of the Philippine judicial system, visit http://www
.ide.go.jp/English/Publish/Download/Als/05.html.
• To read relevant information about the Philippine judiciary, you may check its online
portal at http://www.judiciary.gov.ph.
• For a history of the Philippine Supreme Court, go to http://sc.judiciary
.gov.ph/aboutsc/history/index.php.

Essential Learning
In the post-Martial Law period, the Philippine Judiciary was established as an
independent branch of the government, protected from influence by any instrumentality,
agency, or individual. This remains to be an immense challenge even at present. As the
bulwark of liberty, the independence of the judiciary must at all times be protected.
It protects the people from an oppressive individual or government. The prospect of
judicial reform has not only been a concern of the institutions of the government. The
stakeholders—including the citizens, business or private sector, and even international
governmental and nongovernmental organizations—have roles to play in this agenda.

116 Philippine Politics and Governance