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The Philippine Judiciary

REPORT OUTLINE

The Judicial Power of the Government


The Philippine Judicial System
The Philippine Supreme Court
Quasi Courts or Quasi Judicial
Agencies
Other Judicial Procedures

THE JUDICIAL POWER OF


THE GOVERNMENT

DEFINITION
Judicial power includes the duty of
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 of Art. VIII)

The judicial power of the government


is vested in the Supreme Court and
other lower courts as may be
established by the law.
As a co-equal of the executive and
legislative branches of the
government, its appropriation may
not be reduced by Congress below
the appropriated amount of the
previous year. (Sec.3, Art VIII)

THE PHILIPPINE JUDICIAL


SYSTEM

THE PHILIPPINE JUDICIAL


SYSTEM
Under the Judiciary Organization Act
of 1980 or BP 129, the Philippine
judicial system consists of the
following courts:
LOWER COURTS
HIGHEST COURT

LOWER COURTS

LOWER COURTS
FIRST LEVEL COURTS
SECOND LEVEL COURTS
SPECIAL COURTS

FIRST LEVEL COURTS


Courts established in each city and
municipality
Exercise original jurisdiction in civil
cases as provided for in Section 33 of
BP 129
Municipal Trial Courts and Municipal
Circuit Trial Courts; Metropolitan Trial
Courts and Municipal Trial Courts in
Cities

SECOND LEVEL COURTS


Regional Trial Courts
RTCs are divided into 13 judicial
regions which in turn, are subdivided
into several branches.
RTCs exercise appellate jurisdiction
over the first level courts of the
country

SPECIAL COURTS
A. Sharia Courts
- Special Courts created by Section 137
of PD 1083 or the Code of Muslim
Personal Laws
a. Sharia District Courts (SDCs)
equivalent to the regional trial courts in
rank, which were established in specified
provinces in Mindanao where the Muslim
Code on Personal Laws is being enforced.

b. Sharia Circuit Courts (SCCs)


equivalent to municipal trial courts
and were established in certain
municipalities in Mindanao

SPECIAL COURTS
B. Court of Tax Appeals
- Special court vested with the
exclusive appellate jurisdiction over
appeals from the decisions of the
Commissioner of Internal Revenue
and the Commissioner of Customs on
certain specific issues
- Composed of a Presiding Judge
and two Associate Justices

SPECIAL COURTS
C. Sandiganbayan
- Has exclusive jurisdiction over violations of
Anti-Graft and Corrupt Practices Act (RA
3019), the Unexplained Wealth Act (RA 1379)
and other crimes of felonies committed by
public officials and employees in relation to
their office, including those in government
owned and controlled corporations
- Composed of a Presiding Judge and Eight
Associate Justices

SPECIAL COURTS
D. Court of Appeals
- Vested with jurisdiction over
appeals from the decisions of the
Regional Trial Courts and certain
quasi judicial agencies, boards or
commissions
- Composed of one Presiding
Justice and 68 Associate Justices

THE SUPREME COURT

The highest court in the country and


the only one established by the
Constitution.
It is the court of the last resort.
Being the highest court, the SC
enjoys fiscal autonomy. (Sec. 3, Art.
VIII)

SC COMPOSITION
Composed of a Chief Justice and 14
Associate Justices, who are appointed
by the President, based on the list of
nominees presented by the Judicial
and Bar Council (pursuant to
provisions of 1987 Constitution)

TERM OF OFFICE.
- Members of the Sc have no fixed
term of office
- Members can only be removed
from office through impeachment

QUALIFICATIONS.
To be appointed to the SC, one must meet the
following requirements:
1. A natural born citizen of the Philippines
2. At least 40 years old at the time of appointment
3. Must have been for 15 years or more a judge of
lower court or engaged in the preactice of law in
the country
4. Must be a person of proven competence,
integrity, probity and independence

PROHIBITION.
the Justices of the Supreme Court
and members of other courts
established by law shall not be
designated to any agency performing
quasi judicial or administrative
functions.

SC FUNCTIONS
The functions of the Supreme Court
are divided into two categories:
ADMINISTRATIVE FUNCTIONS
JUDICIAL FUNCTIONS

THE ADMINISTRATIVE FUNCTION OF


THE SUPREME COURT
Relates to the supervision and
control over the judicial branch of the
government and its employees, as
well as the members of the Philippine
bar.
The SC is empowered to order a
change in the venue of a trial to
avoid miscarriage of justice and
appoint all members of the Judiciary.

As authorized by the Constitution,


the SC promulgates rules for the
admission into the practice of law,
for legal assistance to the
underprivileged, and the procedural
rules to be observed in all courts
throughout the country.

THE JUDICIAL FUNCTION OF THE


SUPREME COURT
Settlement of actual controversies
involving the rights which are legally
demandable and enforceable.
Judicial Review or the power of the
Supreme Court to inquire into the
constitutionality of the acts of both
the executive and legislative
branches of the government.

POWERS OF THE SUPREME


COURT (Sec. 5, Art VII)

Exercise jurisdiction over cases affecting


ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto and
habeas corpus
Assign temporary judges of lower courts to
other stations as public interest may
require.
Order a change of venue or place of trial
toa void miscarriage of justice.

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
underprivileged.
Appoint all officials and employees of the
Judiciary in accordance to the Civil Service
Law.

Review, revise, reverse, modify or affirm on


appeal or certiorari, as the law or Rules of
Court may provide final judgments and orders
of a lower court in:
All cases in which the constitutionality or validity of
any treaty, executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance,
or regulation are in question;
All cases involving the legality of any tax imposed,
assessment or toll, or any penalty imposed in
relation thereto;

All cases in which the jurisdiction of any


lower court is in issue;
All criminal cases in which the penalty
imposed is reclusion perpetua or higher;
and
All cases in which only an error or
question of law is involved.

QUASI COURTS OR
QUASI JUDICIAL
AGENCIES

are administrative agencies more


properly under the supervision of the
Executive Department, but are
empowered by the fundamental charter
or statutes to hear or decide certain
categories of cases

Quasi judicial agencies empowered


by the Constitution
Civil Service Commission (CSC)
Commission on Elections (COMELEC)
Commission on Audit (COA)

Quasi Judicial agencies


empowered by statutes

Office of the President


Department of Agrarian Reform
Securities and Exchange Commission
National Labor Relations Commission
National Telecommunications Commission
Employees Compensation Commission
Insurance Commission
Construction Industry Arbitration
Commission

Philippine Atomic Energy Commission


Social Security System
Government Service Insurance
System
Bureau of Patents, Trademarks and
Technology
Civil Aeronautics Board
Central Board of Assessment Appeals

National Electrification
Administration
Energy Regulatory Board
Agricultural Inventions Board
Board of Investments

OTHER JUDICIAL
PROCEDURES

PD No. 1508
Katarungang Pambarangay Law
Established a system of amicably
settling disputes at the barangay
level
Aims to promote the speedy
disposition and administration of
justice by easing the congestion of
court dockets

RA No. 9285
Institutionalized the use of an
alternative dispute resolution to
promote the speedy and impartial
administration of justice and unclog
the court dockets.
Alternative dispute resolution modes
cover the following: mediation,
conciliation, arbitration and any
combination thereof.