SPECIALIZED SUBJECT-HUMSS

PHILIPPINE POLITICS
AND GOVERNANCE
_____ Semester, SY _____________
QUARTER 2, MODULE 1
THE PHILIPPINE
JUDICIARY
Philippine Politics and Governance
Self-Learning Module
____ Semester, SY ____ Quarter 2 – Module 1: The Roles and Responsibilities
of the Philippine Judiciary First Edition, 2021

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LESSON Functions of the Judicial
Branch

INTRODUCTION

Hello Senior High! In this lesson you will learn to analyze the roles
and responsibilities of the Philippine Judiciary.

"I'm for truth, no matter who tells it.

I'm for justice, no matter who it is for or against.”
- MalcolmX

The legislature makes the law, while the executive branch enforces it.
On the other hand, the judiciary or the judicial branch of the government gives
the official and legal interpretation of the law. This is to avoid any confusion
about the meaning or application of the law.
This lesson delves into the process by which legal issues are resolved.
This will give you insights to guide you in decision-making not only on matters
regarding politics but also on everyday concerns.
As this lesson completes the series on the different branches of the
government, you will be then able to evaluate the functions of each branch
of government democratic setting.
 LESSON AND PRACTICES

The judicial branch of the government is the primary agency that handles
matters concerning the settlement of issues regarding the rights and
interpretation of law. 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 Court, the Metropolitan Trial Court, and Municipal Trial Court.

Judicial Power
The 1987 Constitution defines judicial power as follows:

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 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.

This means that the judicial branch of the government not only rules on
legal issues but also on the other two branches "whenever the court finds that
the other department has committed grave abuse of discretion (Defensor-
Santiago 2002).

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.
 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).
A. Supreme Court
Some of the functions of the Supreme Court under the 1987 Constitution
are as follows:
1. The Supreme Court primarily handles the cases of ambassadors,
other public, ministers, and consuls.
2. Review, affirm, reverse, or amend the decision of lower courts on
certain cases that may concern the constitutionality or validity of
international agreement and presidential decrees, questionable
decisions or processes of the lower courts, cases which are punishable
by lifetime imprisonment, error, or question of law, among others.
3. Appointments of judges, officials, and employees of the Judiciary.
4. Create and disseminate rules and procedures concerning the
processes in legal courts as well as the membership to the Bar.

The Supreme Court is composed of a Chief Justice and fourteen (14)

Associate Justices appointed by the president from a list of qualifiers from the
screening process done by the Judicial and Bar Council.

B. Court of Appeals
The Court of Appeals, the second highest tribunal or legal court in the
country, is composed of a Presiding Justice and sixty-nine (69) Associate
Justices who are appointed by the president. Aside from having power on the
issuance of certain legal documents and orders, the Court of Appeals mainly
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.
C. Court of Tax Appeals
Court of Tax Appeals, on the other hand, 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. The Court of Tax Appeals is
composed of one Presiding Justice and five (5) Associate Justices.
D. Sandiganbayan
The Sandiganbayan has the following mandate:

SEC. 5. 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 corrupt practices and such other
offenses committed by public officers and employees, including those in
government-owned or controlled corporations, in relation to their office
as may be determined by law. (Art. XIII, 1973 Constitution)

SEC. 4. The present anti-graft court known as the Sandiganbayan shall

continue to function and exercise its jurisdiction as now or hereafter may
be provided by law. (Art. XI, 1987 Constitution)

E. Lower Courts
Lower courts such as city and municipal courts have original jurisdiction
over cases such as, but not limited to, violations of municipal ordinances,
gambling, assault, estafa to a certain amount, malicious mischief, trespassing,
and illegal possession of firearms (Ramirez 1969).
To further maintain objectivity in the system, the judicial branch
sometimes transfers one judge or even cases from one city to another
(Defensor-Santiago 2002). Section 15, Article VII of the 1987 Constitution
provided a timetable for the resolution of the cases brought to the judiciary: two
years for the Supreme Court, one year for the lower collegiate courts, and three
months for all other lower courts. In case the issue is not resolved within those
periods, a certification signed by the Chief Justice or presiding judge stating
why the case has not been resolved shall be issued and served to both parties.
Section 15 [4] further goes on to say 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.
PRACTICE EXERCISE 1.
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

PRACTICE EXERCISE 2.
Direction: Write T if the statement is true and F if it is false on the blank
provided before each number.
_ 1. The main role of the judiciary branch of Philippine government is to
give an official and legal interpretation of the law to prevent confusion on its
meaning and application.
_ 2. The legislature is responsible for handling matters about settling of
issues on the rights and interpretation of the law.
_ 3. The power of the judiciary lies on the Supreme Court alone.
_ 4. The power of the judiciary covers not only the rules on legal issues
but also that of the two other branches of the government.
_ 5. The Supreme Court has the power to change the decision of the lower
courts.
_ 6. Issues on monetary obligations are under the power of the Court of
Appeals.
_ 7. Cases such as theft, violations of municipal ordinances, gambling and
others can be settled in the lower courts such as municipal court.
 8. The Sandiganbayan has the jurisdiction over civil cases such as graft
and corruption and other offenses committed by public officers and employees.
_ 9. The Court of Appeals is the second highest legal court in the
Philippines.
_ 10. The Supreme Court appoints the judges, officials, and employees of
the judiciary.

Instructions: Please write your learning from the above discussion. Write it in
your notebook/answer sheet.
Upon reading the lesson above, I learned that
_

and realized that

_
_

Directions: Answer the following questions. Your answers will be scored based
on the following criteria below.

Criteria Highest Possible Score

Content 2
Mechanics 2
Neatness 1
TOTAL 5

1. What do you think is the greatest factor that can delay the resolution of
cases in the Philippine courts?
2. Why is due process important?
3. What is your concept of justice? Will it work in our present legal system?
Why or why not?
Directions: Read and analyze the sample cases below. Identify which judiciary
branch/court handles each case and defend your answer. Write your answer
on a separate sheet of paper.

1. At about 12 o’clock in the evening of May 4, 2021, Simplicio Modesto

entered the house of Don Augusto Primo. During that time there was nobody
therein as Don Augusto Primo and his family went for a vacation. While entering
the said house, a dog owned and pet by Don Augusto Primo came on his way
and bit him forcefully. With the used of a bolo, he hacked the dog which results
to its instantaneous death. He was charged before the court for violation of
Article 280 of the Revised Penal Code.
- Sample case credit to Atty. Lorraine Grace M. Robis

Note: The sample case does not in anyway represent any real case.
Characters and names mentioned are all fictitious. Similarity to any case is
purely coincidental.

2. A formal complaint was filed against the country’s recalled ambassador to

Brazil Marichu Mauro on November 9, 2020 for maltreating her helper.
Presidential Directive No. 2020-196 directed the Department of Foreign Affairs
(DFA) “to investigate the alleged abusive conduct of the Philippine Ambassador
to Brazil.”
- Excerpt from Case vs ex-PH envoy to Brazil caught maltreating aide
now under ‘formal investigation’ by Willard Cheng, ABS-CBN News.
Posted at Dec. 02, 2020

3. In October last year, the NBI, with the endorsement of the DOJ, filed
criminal complaints against PhilHealth officials, including its former president
and chief executive officer Ricardo Morales, over alleged misuse of the
agency’s Interim Reimbursement Mechanism (IRM) that provided emergency
cash advances for medical facilities during the pandemic.
Last month, the NBI sued Morales and other PhilHealth officials for
alleged violation of the Anti-Graft and Corrupt Practices Act for anomalously
releasing P33.8 million under the IRM funds to B. Braun Avitum Philippines Inc.,
a dialysis center that operates nationwide.
According to the NBI, the IRM funds were released before the Covid-19
pandemic occurred, and that they were used to cover hemodialysis procedures,
which are not considered fortuitous.
-Excerpt from DOJ: 20 more cases on alleged corruption in PhilHealth
being probed by Daphne Galvez. Posted 3 months ago at INQUIRER.NET
Rubric for Scoring
5 points– Correct and well-reasoned answer
(properly cited the correct judicial branch/court, strong supporting explanation, cited
supporting evidence from the discussion)

4 points– Correct answer with incorrect supporting evidence

(properly cited the correct judicial branch/court, answer explained well, cited wrong
supporting evidence from the discussion)

3 points– Correct answer but not well explained

(properly cited the correct judicial branch/court, answer not explained well, did not
cite supporting evidence from the discussion)

2 points– Incorrect answer with explanation

(provided incorrect answer, explained answer)

1 point– Incorrect Answer

(provided incorrect answer, no explanation)
 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

Internet Sources:

https://www.officialgazette.gov.ph/about/gov/judiciary/
Cheng, W. (2020). Case vs ex-PH envoy to Brazil caught maltreating aide
now under ‘formal investigation’. Retrieved on May 4, 2021 from
https://news.abs-cbn.com/news/12/02/20/case-vs-ex-ph-envoy-to-brazil-
caught-maltreating-aide-now-under-formal-investigation
Galvez, D. (2021). DOJ: 20 more cases on alleged corruption in PhilHealth
being probed. Retrieved on May 4, 2021 from
https://newsinfo.inquirer.net/1391183/doj-20-more-cases-on-alleged-
corruption-in-philhealth-being-probed
 Key to Practice Exercise

Activity 2.
1. T
2. F
3. F
4. T
5. T
6. F
7. T
8. T
9. T
10. T