THIRD PILLAR: COURTS

 COURT

- an organ of the government belonging to the judicial department whose

function is the application of the laws to controversies brought before it and the public
for the administration of justice.

 JUDICIARY

- that branch of the government which is vested with judicial power

- that branch of the government which is empowered to interpret, construe

and apply the laws.

 JUDICIAL POWER (subject-case)

- the power to apply the laws to contests or disputes concerning

legally recognized rights or duties of and between the state and the private persons
or between individual litigants in cases properly brought before the judicial
tribunals.

- vested in one Supreme Court and in such lower courts .

 POWER OF JUDICIAL REVIEW (subject-law)

- the power of the Supreme Court to determine whether laws passed

by Congress and acts of the President are in accord with the Constitution when
the matter is raised.

 JUDGE

- a public officer so named in his commission and appointed to preside over

and to administer the law in a court of justice(final arbiter)

 JURISDICTION

- the power and authority of a court to hear, try and decide cases.

 BP 129

- otherwise known as the “Judiciary Reorganization Act of 1980”,

which defines the organization, composition and jurisdiction of the courts.

 KINDS OF JURISDICTION:

1) General – when the court is empowered to decide all disputes which may
come before it except those assigned to other courts.
 2) Limited – when the court has the authority to hear and determine only a few
specified cases.

3) Original – when the court can try and hear a case presented for the first time.

4) Appellate – when the court can try a case already heard and decided by a
lower court, removed from the latter by appeal.

5) Exclusive – when the court can try and decide a case which cannot be
presented before any other court.

6) Concurrent – when any of two or more courts may take cognizance of a

case.

7) ORGANIZATION AND JURISDICTION OF THE COURTS

8) REGULAR COURTS:

SUPREME COURT

-composed of a Chief Justice and 14 Associate Justices

-shall have administrative supervision over all courts

-shall have the power to discipline judges of the lower courts

-shall have appellate jurisdiction over cases decided by the

Court of Appeals

-shall have the power of judicial review

COURT OF APPEALS

-headed by a Presiding Justice and composed of sixty-eight (68) Associate

Justices.

-has appellate jurisdiction over cases decided by the RTC.

-has the power to order new trial.

-it reviews not only the decisions and orders of RTC nationwide but also those
of the Court of Tax Appeals.

 REGIONAL TRIAL COURTS

-presided by a Regional Judge

-has general jurisdiction over criminal cases and has jurisdiction over
offenses punishable with imprisonment of six years and one day and over.

-has appellate jurisdiction over cases decided by the MTC, MeTC,

MTCC’s and MCTC
  METROPOLITAN TRIAL COURT/MUNICIPAL TRIAL COURT/MUNICIPAL
CIRCUIT TRIAL COURT/MUNICIPAL TRIAL COURT IN CITIES

-has jurisdiction over violation of city or municipal ordinances

and. offenses punishable by imprisonment not exceeding six years

SPECIAL COURTS

1) COURT OF TAX APPEALS

- created under RA 1125 as amended by RA 9282.

- composed of a Presiding Judge and five (5) Associate Justices.

- its rank or level is equal to that of the Court of Appeals and Sandiganbayan.

- has exclusive appellate jurisdiction to review on appeal decisions of

the Commissioner of the Bureau of Internal Revenue involving internal revenue taxes
and decisions of the Commissioner of the Bureau of Customs involving customs
duties

2) SANDIGANBAYAN

- created pursuant to PD 1606

- composed of fifteen (15) Justices (1 Presiding judge & 14 Associate

Justices)

- its rank or level is equal to that of Court of Appeals and Court of Tax
Appeals.

- tasked to handle criminal cases involving graft and corruption and other
offenses committed by high- ranking public officers and employees in
connection with the performance of their functions.

3) SHARIA COURTS

-created pursuant to PD 1083, otherwise known as the “Code of

Muslim Personal Laws of the Philippines”

-created as part of the judicial system and has exclusive jurisdiction

over cases that pertain to family, rights and duties as well as contractual relations of
Filipino Muslims.

-courts of limited jurisdiction known as the Sharia District

Court(RTC) are presided by District Judges

-Sharia circuit trial courts(MTC) are presided by Circuit judges

 DECISION

 the judgment rendered by a court of justice or other competent

tribunals
  JUDGMENT

 the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition of the proper penalty and civil
liability

 it must be written in the official language, personally and directly

prepared by the judge and subscribed by him

 shall contain clearly and distinctly a statement of the facts and the
laws upon which it is based.

 CONTENTS OF JUDGMENT

1) JUDGMENT OF CONVICTION

-When the judge finds the accused guilty of the charges against him

-The legal qualification of the offense constituted by the acts committed by the
accused and the aggravating or mitigating circumstances which attended its
commission

-The participation of the accused in the offense, whether as principal,

accomplice or accessory after the fact

-The penalty imposed upon the accused

-The civil liability or damages caused by his wrongful act or omission to be

recovered from the accused by the offended party unless the enforcement of the civil
liability by a separate civil action has been reserved or waived.

2) JUDGEMENT OF ACQUITTAL

- When the judge finds the accused not guilty of the charges
against him.

- shall state whether the evidence of the prosecution absolutely failed

to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable
doubt.

 PROMULGATION OF JUDGMENT

- by reading in the presence of the accused and any judge of the court
in which it was rendered

- if the judge is absent, the judgment may be promulgated by the

clerk of court