12

Philippine Politics
and Governance
Quarter 4 – Module 1
The Philippine Judiciary
 Philippine Politics and Governance – Grade 12
Self-learning Module
Quarter 2 – Module 1: The Philippine Judiciary
First Edition, 2020

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Published by the Department of Education

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Undersecretary: Diosdado M. San Antonio

Development Team of the Module

Writer: Russel A. Maulion

Editors: Liberty P. Lego, Eric G. Buenafe, Lerma J. Oscares, Ronaldo H. Lamit

Reviewers: Arlo L. Villalva, Leila G. Valencia, Jezereel Grace G. Tiron, Bernie P. Alcedo

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Donaldby
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Mary Hazel Vivien P. Pineda
Arlo L. Villalva
Leila G. Valencia
Liberty P. Lego

Department of Education – Region VI - Western Visayas

Office Address: Duran Street, Iloilo City
Telefax: (033) 336-2816, (033) 509-7653
E-mail Address: region6@deped.gov.ph
 Grade Levels: Grade 12
Specialized Subject: Philippine Politics and Governance
Semester: First/Second Semester

LEARNING COMPETENCY:

Analyze the roles and responsibilities of the Philippine Judiciary.

 THE PHILIPPINE JUDICIARY

Judicial power rests with the Supreme Court and the lower courts as
established by law (Art. VIII, Sec. 1 of the 1987 Constitution). The duty of the
judicial branch of government is to settle actual controversies involving rights
which are legally demandable and enforceable (Art. VIII, Sec. 1 (2)).
The Philippine judiciary enjoys fiscal autonomy. Its appropriations
may not be reduced by the legislature below the appropriated amount for the
previous year (Art. VIII, Sec. 3).
This module contains activities that will help you analyze the
important roles and responsibilities of the Philippine Judiciary.

At the end of the module, you should be able to:

1. explain judicial power;

2. understand the expanded meaning of the judicial power under
the 1987 Philippine Constitution;
3. discuss the composition of the Supreme Court;
4. identify the powers of the Supreme Court;
5. differentiate courts in the Philippines; and
6. analyze the performance of the judicial branch of the
government in relation to different issues and concerns of the
Filipino people.
 Let’s see how much you know about on the roles and responsibilities of
the judicial branch of the Philippine government. Answer the pre-test below on a
separate paper.

Multiple-Choice
Direction: Read each question or statement carefully. Write the CAPITAL letter of
the correct answer on a separate sheet of paper. Let’s begin.

1. It refers to the power to interpret the law and to settle legal cases.
A. Judicial power C. Power to review
B. Executive power D. Legislative power
2. What is the court for Filipino Muslims created by Presidential Decree No. 1083?
A. Shiite court C. Shariah court
B. Shaniah court D. Shahan court
3. The Supreme Court of the Philippines is composed of how many members
under the 1987 Philippine Constitution?
A. 12 members C. 14 members
B. 13 members D. 15 members
4. The following are cases to be heard and decided en banc involving the
constitutionality except one.
A. Treaty C. Ordinance
B. International Agreement D. Law
5. This court reviews cases on appeal decided by trial courts.
A. Supreme Court C. Court of Tax Appeal
B. Court of Appeals D. Sandiganbayan
6. This court tries cases involving graft and corruption by public official
punishable by more than six years.
A. Supreme Court C. Court of Tax Appeal
B. Court of Appeals D. Sandiganbayan
7. This court reviews decisions of provincial or city boards of assessment on
taxation or real property and other matters arising under Assessment Law, now
under the Local Government Code.
A. Supreme Court C. Court of Tax Appeal
B. Court of Appeals D. Sandiganbayan
8. The minimum age requirement to be members of the Philippine Judiciary.
A. 40 C. 45
B. 42 D. 50
9. He/she is the appointing officer for the members of the Philippine Judiciary.
A. President C. Congress
B. Senate D. Vice-President
10. They are tasked by the Constitution to screen the applicants to the Judiciary.
A. Judicial and Bar Council C. Group of Lawyers
B. Integrated Bar of the Philippines D. House of Representatives
Framework
Direction: Draw the organizational structure of the Philippine judiciary in the box
below. Indicate the specific functions of the judiciary in your illustration. Refer to
the text provided to produce your “framework.”

You may refer to this online link for the organizational structure and the
hierarchy of decision-making of the judicial branch of the Philippine government:
http://www.seasite.niu.edu/Tagalog/Tagalog_Default_files/Philippine_Culture/phil
ippine_democracy_fs.htm

The Philippine Judiciary

Pyramid of the Justice System
Direction: Illustrate the hierarchy of decision-making for the cases under the
Philippine justice system. Refer to the text provided below in order for you to
complete your “Pyramid of the Justice System.”

Judicial Power

Generally speaking, judicial power refers to the power to interpret the law
and to settle legal cases. In particular, judicial power has been described by the
present 1987 Philippine Constitution as: 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 (Sec. 1, Art. VIII).
Whereas executive power is vested in the President and legislative power
in Philippine Congress consisting of the Senate and House of Representatives,
the judicial power in the government is vested in the Supreme Court and in such
lower courts as may established by law (Sec1, Art. VIII). The lower courts in the
country, as shown in the table below, are created by virtue of a law enacted by
Congress such as the Judicial Reorganization Act of 1980 and by Presidential
Decree No. 1083 of President Marcos which created the Shariah courts for
Filipino Muslims.
This grant of judicial power to the Supreme Court and all other courts
under it is plenary and includes the power that is expressly conferred upon it, the
power not otherwise withheld from it, and incidental powers needed to discharge
its duties such as the right to cite people in contempt (Munoz & Gonzales-Munoz
2002: 102).
One may ask: Is there a new element added in this description of judicial
power by the 1987 Constitution?

Expanded Meaning under the 1987 Constitution

Compared to the previous 1973 Constitution during the Marcos era, this
definition of judicial power under the 1987 Constitution has a wider scope. Under
the 1973 Constitution, the judicial power was vested in one Supreme Court and
lower courts but its scope was only limited to interpreting laws and deciding legal
disputes but not reviewing any decision done with grave abuse of discretion by
any government agency or instrumentality. In practical terms, the old definition
did not allow the courts, especially the Supreme Court, to directly entertain
petitions for review or certiorari for a decision rendered by any government
officer perceived by an aggrieved party to be biased or done with grave abuse of
power. A certiorari is a writ issued to annul or modify the proceedings, as the law
requires, of a tribunal, board, or officer exercising judicial functions, who has
acted without or in excess of its jurisdiction, or with grave abuse of discretion,
there being no appeal, nor any plain, speedy, and adequate remedy in the
ordinary course of law” (Moreno 1972: 94).
What is new is the phrase “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” (Sec. 1, Art. VIII).This is
tantamount to giving the Supreme Court additional power and to interfere in any
decision rendered by any government agency upon petition of the party’s lawyer
via certiorari. For instance, a losing party may not agree with the decision of the
COMELEC regarding his election case, s/he may file a petition for review in the
Supreme Court through his/her lawyer via certiorari and ask for a reversal of the
decision or an issuance of a Temporary Restraining Order (TRO) or an injunction
as this action may apply. A worker in a labor case who lost his case on appeal
with the Commissioner of the National Labor and Regulatory Commission
(NLRC), may go to the Supreme Court for review for grave abuse of discretion
under this expanded definition of judicial power. Under the 1935 and 1973
Constitutions, this expanded power was not allowed. Some legal observers say
this expanded power has given the Supreme Court a license to intervene in
almost all decisions of the government, particularly in the executive and
legislative branches which are supposed to be independent and co-equal. R.
Suarez (1999) raised (3) points which must be remembered in connection with
this new concept of judicial power:

1. The grave abuse of discretion, as alleged, must be grave enough which

amounts to lack or excess of jurisdiction.
2. The alleged grave abuse of discretion will have yet to be determined by the
courts of justice, particularly the Supreme Court.

3. That if indeed it is alleged that there exists a grave abuse of discretion

amounting to lack or excess of jurisdiction, our courts of justice, particularly the
Supreme Court, can check this including the Congress and the President of the
Republic of the Philippines, or even Constitutional bodies because they fall
within the phrase “any branch or instrumentality of the government.”

Composition of the Supreme Court

Under our existing 1987 Constitution, the total members of the Supreme
Court are fifteen (15), consisting of 1 Chief Justice and 14 Associate Justices. As
shown in the comparative table below, there was an increase of Justices of the
Supreme Court from 11 members to 15 members in 1935 to 1973. However, this
total membership of the Supreme Court did not increase in the 1987. The total
population of the country and legal cases filed in courts have increased
significantly. This non-increase of the members of the Supreme Court can have
a significant effect on the disposition of cases as shown in the statistics of cases
filed and pending in the Supreme Court towards the end of this chapter.

Comparative Table of Supreme Court Justices

PHILIPPINE CONSTITUTIONS
1935 1973 1987
One (1) Chief Justice One (1) Chief Justice One (1) Chief Justice
and Ten (10) Associate and Fourteen (14) and Fourteen (14)
Justices (Art. VIII, Sec. 4) Associate Justices Associate Justices
(Art. X, Sec. 2 [1]) (Art. VIII, Sec. 4[1])

As a general rule, justices of the Supreme Court decide criminal, civil and
administrative cases by divisions unless provided by the rules that they should
decide as one collegiate body or in an en banc session. At present, 15 justices of
the Supreme Court sit in 3 divisions with 5 members for each division. The First
division is headed by the Chief Justice, the second division by the most senior
associate justice, and third division by the second most senior justice.
More serious legal matters which have significant impact on the country
are heard and decided by en banc such as:

A. All cases involving the constitutionality of a/an:

1. Treaty
2. International Agreement
3. Executive Agreement
4. Law

B. All other cases which under the Rules of Court are required to be heard en
banc.

C. All cases involving the constitutionality, application or operation of:

1. Presidential Decrees
2. Proclamations
 3. Orders
4. Instructions
5. Ordinances
6. Other regulations

The qualification of the members of the judiciary includes the minimum

age of 40 years, natural-born citizen, a member of the Philippine bar, at least 15
years of experience as a judge or practicing lawyer, and a person of proven
competence, integrity, probity, and independence. The Judicial and Bar Council
(JBC) is tasked by the Constitution to screen the applicants to the judiciary. In
the case of the justices of the Supreme Court, the JBC submits to the President
a short list of qualified candidates. The President is the appointing officer for
members of the judiciary.

Powers of the Supreme Court

Original Jurisdiction
Under Article VIII, Section 5 (1), the Supreme Court shall have the power
to exercise original jurisdiction over (1) cases affecting ambassadors, other
public ministers and consuls, and over (2) petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.

Appellate Jurisdiction
Under Article VIII, Section 5 (2), the Supreme Court shall have the power
to review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
Rules of Court may provide, final judgments and orders of lower courts in:

1. 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.

2. All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.

3. All cases in which the jurisdiction of any lower court is in issue.

4. All criminal cases in which the penalty imposed is reclusion perpetua or higher.

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

Administrative Powers
Under Article VIII, Section 5 (3,4,5,6), the Supreme Court does not only
interpret the law and decide cases, but it also exercises administrative powers to
supervise all the courts of the land as well as the admission and practice of law
by lawyers. Thus, the Supreme Court can:

1. 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 judge concerned.
2. Order a change of venue or place of trial to avoid a miscarriage of justice.

3. Appoint all officials and employee of the Judiciary in accordance with the Civil
Service Law.

4. Promulgate rules concerning:

(i) the protection and enforcement of constitutional rights;
(ii) pleadings in courts;
(iii) the practice of law by lawyers;
(iv) procedure in all courts;
(v) the admission to the practice of law;
(vi) the integrated Bar; and
(viii) legal assistance to the underprivileged.

Summary on the Topic Courts in the Philippines:

Functions, Head, Composition and Jurisdiction
TYPE DESCRIPTION COMPOSITION GENERAL FUNCTION
REVIEW COURTS

Supreme Court The highest 14 Associate 1. Reviews losing cases

court of the Justices with 1 on appeal from CA, CTA,
land Chief Justice; 3 and Sandiganbayan;
divisions with 5 2. Reviews all cases
justices for involving constitutionality
each division of a treaty, international
agreement, executive
order, law, presidential
decree,
proclamation, instruction,
ordinance and other
regulations;
3. Reviews all cases under
Rules of Court to be heard
en banc or by all justices
of the SC;
4. Promulgate rules
concerning protection and
enforcement of
Constitutional rights,
pleading, practice,
procedure in all courts,
admission to the practice
of law, Integrated Bar, and
legal assistance of the
underprivileged.
Court of General 1 presiding Reviews cases on appeal
Appeals (CA) Appeals justice and decided by trial courts
Court for 50 associate
regular justices; 17
criminal, divisions, with 3
administrative justices for each
and civil cases division
Court of Tax Specialized Composed of 1. Reviews cases on
Appeals justices appeal Appeals (CTA)
Appeals Court on
Taxation
Cases sitting in divisions
and headed by a
Presiding justice which
are previously decided by
the BIR and Bureau of
Customs Commissioners
on taxation and customs
duties;
2. Reviews decisions of
provincial or city boards of
assessment on taxation or
real property and other
matters arising under
Assessment Law, now
under the Local
Government Code.
Sandiganbayan Trial and Composed of 1. Tries cases involving
appellate court justices sitting graft and corruption by
for criminal and in divisions of 3 public official punishable
graft and members and by more than 6 years;
corruption headed by a 2. Reviews cases on
cases Presiding appeal from RTC
committed by justice committed by public
public officers officials on graft or
criminal cases punishable
by 6 years or less.
TRIAL COURTS

Regional Trial Regular trial 720 RTCs and Tries criminal,

Court (RTC) court for judges, administrative and civil
serious distributed cases of serious nature;
offences and throughout the Appellate court for
civil breaches 12 judicial decisions of municipal and
regions in the metropolitan trial courts
country
Metropolitan Trial Court in Presiding Judge Tries less serious criminal,
Trial Court big or and administrative, and civil
(MeTC) chartered court cases involving smaller
cities employees amounts
Metropolitan A group of Presiding judge Tries less serious criminal,
Trial Circuit small and administrative and civil
Courts (MTCC) Metropolitan court cases
Trial courts employees
under one
judge
Municipal Trial courts in Presiding Judge Tries less serious criminal,
Trial Court municipalities and court administrative and civil
(MTC) employees cases

Municipal Consists of 2 Presiding Judge Tries less serious criminal,

circuit Trial or for 2 or more administrative and civil
Court (MCTC) more small small MTC cases
municipal courts
courts
under 1 judge
COURT FOR MUSLIMS

Shariah District Court Presiding judge Hears all cases involving

Trial courts for and children, inheritance and
Filipino court estate of deceased
Muslims employees Muslims, petitions of
declaration of absence &
death and correction of
entries, customary
contracts, petitions
for mandamus, injunction,
certiorari, habeas corpus
and other writs in aid of its
appellate jurisdiction;
2. Concurrently with
existing civil courts, it
exercises jurisdiction over
petition by Muslims or
constitution of a family
home, change of name
and commitment of insane
to any asylum and all
other personal and real
actions involving Muslims;
3. All special civil actions
for interpleader or
declaratory relief for
Muslims.
Shariah Circuit Trial courts for Presiding judge 1. Tries all cases involving
Court Filipino and offenses under Muslim
Muslims court Code (P.D. No. 1083);
employees 2. All civil cases between
parties who are Muslims
and married in
 accordance to the Muslim
Code;
3. All cases involving
disputes relative to
communal rights.

Direction: Explain each term briefly. Write your answers on the blanks provided
below.

1. Judicial power
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2. Judicial power under the 1987 Philippine Constitution

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3. En banc decision
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4. Actual controversy
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5. Administrative power of the judicial branch of the government

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 The Philippine Judiciary and Judicial Power

Judicial power is the power to interpret the law and settle legal cases.
Under the 1987 Philippine Constitution, this power is vested in the Supreme
Court and the lower courts created by law. The provisions of the current
constitution expanded the scope of judicial power to include the power of the
courts to determine whether or not there has been a grave abuse of discretion
amounting to the lack or excess of jurisdiction on the part of any branch or
instrumentality of government.
The present Supreme Court is composed of a chief justice and 14
associate justices. It exercises original and appellate jurisdictions over legal
cases for review and resolution, as well as administrative powers to manage and
oversee the middle and lower courts of the country. The Supreme Court’s main
problem is the delay in the administration of justice attributed to the unfilled
vacant positions for judges in the lower courts and the backlog of pending cases.
The qualifications set for the members of the judiciary include the
minimum age requirement (must be at least 40 years old), citizenship
requirement (must be a natural-born citizen), membership in the Philippine bar, a
minimum of 15 years of experience as a judge or practicing lawyer, and a track
record of proven competence, integrity, probity and independence. The Judicial
and Bar Council (JBC) is mandated by the Constitution to screen the applicants
to the judiciary. In the case of the justices of the Supreme Court, the JBC
submits to the president a short list of qualified candidates. The president is the
appointing officer for members of the judiciary.

Situational Analysis
Direction: Read each given situation. Answer the corresponding question in each
item on a separate sheet of paper.

1. A filed a case against B for stealing the car of C. Will the case prosper? Why?
________________________________________________________________
________________________________________________________________
________________________________________________________________

2. W filed a case against H to compel the latter to marry her (W). Will the case be
dismissed? Why?
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. Chief Justice X was impeached without factual and legal basis. Can X go to
the Supreme Court for relief? Why?
________________________________________________________________
________________________________________________________________
________________________________________________________________

4. The President used the Priority Development Assistance Fund (PDAF) to

bribe the legislators to impeach the Chief Justice. Hence, the Supreme Court
declared the PDAF unconstitutional. Under what authority did the Supreme Court
declare the act of the President unconstitutional?
________________________________________________________________
________________________________________________________________
________________________________________________________________

Research and Evaluation

Direction: Look for a popular or landmark case that the Supreme Court has
decided on. Write your opinions on the decision made by the Supreme Court on
a short-sized bond paper. You may print the text of the case of your choice and
attach it here in the module with your complete name.

Direction: Make a reflection journal wherein you will write your answers to the
questions below. Be creative.

1. Is the justice system in the Philippines fair? Support your claim.

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
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_________________________________________________________________

2. Justice is often portrayed as blind. Reflect on this.

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 We’re one step away from ending our lesson on the roles and
responsibilities of the Philippine judiciary. Please answer the test below for us to
measure how much you’ve learned. Use a separate paper for this assessment.

True or False
Direction: Write TRUE if the statement is correct and FALSE if otherwise.
1. Grave abuse of discretion means that any person or office had exceeded
his/its power which under the law has no legal effect.
2. The Supreme Court is composed of a chief justice and 14 associate justices.
3. Cases to be decided en banc means that at least eight justices shall convene
and at least five justices must vote to make a decision.
4. Justices and judges shall hold office during good behavior until they reach the
age of 70 years old.
5. The president appoints justices and judges but he/she cannot remove them.
6. The appointment of justices and judges requires no confirmation by the
Commission on Appointments.
7. To appoint justices or judges, the president must choose from the list of
nominees submitted by the Judicial and Bar Council (JBC).
8. By virtue of the judicial review power of the Supreme Court, the latter may
declare unconstitutional any act of Congress or the executive department.
9. The Sandiganbayan reviews cases from the Regional Trial Court (RTC) on
appeal by public officials who were found guilty of graft or crimes punishable by
six years or less.
10. Under Article VIII, Section 5 (3,4,5,6), the Supreme Court does not only
interpret the law and decide cases, but it also exercises administrative powers to
supervise all the courts of the land, as well as the admission and practice of law
by lawyers.
Glossary
The terms used in this module are defined as follows:

Certiorari - is a writ issued to annul or modify the proceedings, as the

lawrequires, of a tribunal, board, or officer exercising judicial functions, who has
acted without or in excess of its jurisdiction, or with grave abuse of discretion,
there being no appeal, nor any plain, speedy, and adequate remedy in the
ordinary course of law.

Court of Appeals - General Appeals Court for regular criminal, administrative

and civil cases.

Judicial Power - the power to interpret the law and to settle legal cases.

Metropolitan Trial Court (MeTC) - Trial Court in big or chartered cities

Metropolitan Trial Circuit Courts (MTCC) - A group of small Metropolitan Trial

courts under one judge

Municipal Trial Court (MTC) - Trial courts in municipalities

Municipal circuit Trial Court (MCTC) - Consists of 2 or more small municipal

courts under 1 judge

Regional Trial Court - Regular trial court for serious offences and civil breaches

Sandiganbayan - trial and appellate court for criminal and graft and corruption
cases committed by public officers.

Shariah – is a court for Filipino Muslims.

Supreme Court – is the highest court of the land

Try This!
I. Multiple-Choice
1. A 6. D
2. C 7. C
3. D 8. A
4. C 9. A
5. B 10. A
Do This!
* Framework
Answer Key
 * Pyramid of the Justice System
Court
Supreme
Supreme
Court
Muslims)
Regular Courts
Trial Court, Court for
(Appellate Court, Regional
(Appellate Court, Regional
Trial Court, Court for Muslims)
Regular Courts
Sandiganbayan)
Special Courts
Tax Appeals,
(Court of Appeals, Court of
(Court of Appeals, Court of
Tax Appeals,
Sandiganbayan)
Special Courts
Explore!
Answers may vary.
Apply what you have Learned
* Situational Analysis
Answers may vary.
* Research and Evaluation
Answers may vary.
Reflect!
Answers may vary.
Assess what you have learned
* True or False
1. FALSE 6. TRUE
2. TRUE 7. TRUE
3. FALSE 8. TRUE
4. TRUE 9. TRUE
5. TRUE 10. TRUE
References
Ballano, Vivencio O. 2007. “Law, Piracy and American Hegemony in
Intellectual Property Rights” SPUC Review, Vol. 1, No. 1. 2007, 9-23.

Muñoz, Mauro Jr. R. & Gonzales_Munoz, Delilah. 2002. Philippine Governance

and Constitution. Quezon City: Katha Publishing Co., Inc.

Peñaflor, Lito A. 2017. Politics and Governance with Philippine Constitution

for Senior High School. Unlimited Books Library Services and Publishing
Inc., Manila, Philippines

Sadera, Jefferson M. et. Al. 2018. “Politics Governance for Senior High
School”. Jimczyville Publications, Malabon City, Philippines
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Email address: blr.lrqad@deped.gov.ph * blr.lrpd@deped.gov.ph