You are on page 1of 21

The judicial power shall be vested in one Supreme Court and in lower courts as may be established by law.

Judicial power includes the duty of the courts 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.

Unlike the Supreme Court which is created by the Constitution, Lower Courts are created by the Legislature and their composition, qualifications, etc. are determined by Congress.

Court of Appeals (CA) - composed of 69 justices - reviews cases appealed from RTC Regional Trial Court (RTC) - one for each the 13 Judicial Regions - courts of general jurisdiction Courts of the First Level - Metropolitan Trial Court (Metro TC) NCR court - Municipal Trial Court in Cities (MTCC) city outside NCR - Municipal Trial Court (MTC) town/municipality -Municipal Circuit Trial Court (MCTC) two or more municipalities grouped in circuit

Court of Tax Appeals - Composed of 3 judges that review decisions of BIR and BoC Sandiganbayan - try and decide criminal cases involving high ranking govt officials (SG 27) for violations of corruption, graft, bribery - aka Graft Court Sharia Circuit Courts (SCC) and Sharia District Courts (SDC) - interpret and apply Code of Muslim Personal Law (PD 1083) - equivalent to MCTC and RTC respectively - decisions appealable to Sharia Appellate Court

Administrative agencies empowered to hear and decide certain classes of cases requiring specialized skills, training or knowledge NOT courts of law; part of Executive Branch Some Examples:

Constitutional Commissions (COA, COMELEC, CSC) National Labor Relations Commission (NLRC) Energy Regulatory Board (ERB) National Telecommunications Commission (NTC)

1 Chief Justice and 14 Associate Justice At least 40 years old 15 years or more as judge of lower court or practice of law Natural-born Filipino Citizen (all collegiate courts) Of proven competence, integrity, probity and independence. Appointed by President from List of Nominees submitted by Judicial and Bar Council Retires at age of 70 years unless removed, resigned or incapacitated

Recommends appointees to the Judiciary Composed of:

Chief Justice Secretary of Justice Member of Congress Representative of the Integrated Bar A professor of law A retired member of the SC Representative of the private sector

Judicial Power (Art.8, Sec.1)

Adjudicatory Power Judicial Review

For Supreme Court: -Temporary assignment of judges of lower courts -Order change of venue or place of trial -Promulgate rules concerning protection and enforcement of constitutional rights ,pleading ,practice of law, the Integrated Bar and legal assistance to the underprivileged -Appoint all officials and employees of judiciary -Administrative supervision over all courts and personnel -Discipline judges of lower courts


Art. VIII, Sec. 15: Cases must be decided w/in 3 months (lower courts), 12 months (collegiate courts) and 24 months (SC)

Action Program For Judicial Reform (n. d.) Stages of Criminal Actions in Philippine Courts. Available: s_criminal.html. Retrieved 1/16/12. Atienza, Maria Ela and Ferdinand Baylon (2006). 'The Judiciary,' in Morada, Noel and Tadem, Teresa (eds.) Philippine Politics and Governance: An Introduction. Quezon City: UP Political Science Department. pp. 333-390. Santos-Ong , Milagros (2005). Philippine Legal Research. Available: nes.htm. Retrieved: 1/16/12.