SHORT ACTIVITY

{ A GLIMPSE BACK
The legislative branch of the government is
divided into two clans- the bottom clan and
the higher clan. There are 47 senators in the
higher clan and 300 representatives or
congress men in the bottom clan. This branch
of the government is responsible mainly for
the crafting of laws. A law which is in the
process of being approved is called a beak. A
beak becomes a law after it is approved by
both clans and by the Office of the
Ombudsman.
Let’s
SEE
and
SAY
 QUESTIONS
WHAT CAN YOU SAY
QUESTION 1 QABOUT
U E S TTHE
I O NPICTURE?
1

CITE A PROBLEM DO WE
QUESTION 2 Q UHAVE
E S TINI OUR
O N SOCIETY
2
RELATED TO THE PICTURE.

WHAT ARE THE

QUESTION 3 QPOSSIBLESOLUTIONS
UESTION 3

{
IN
THIS PROBLEMS?

QUESTION 4 QUESTION 4
At the end of a one-hour period the students will be
able to:
 identify the roles and responsibilities of the
Philippine Judiciary HUMSS_PG12Ij-31
 discuss how the Judiciary exercises political

neutrality and fairness HUMSS_PG12Ij-32

 Evaluate the performance of the Philippine
Judiciary as a dispenser of justice and a protector
of constitutional safeguards to freedom
HUMSS_PG12Ij-33
PICTURE
PERFECT
LET’S LEARN SOMETHING!

THE
JUDICIAL
BRANCH
 The Judicial Department is another branch of the
government exercises judicial power.
 Judicial power interprets and applies the laws in
order to settle disputes concerning legal rights of
individual between the states or between private
individuals.
 The Judicial branch decides on the validity,
legality and constitutionality of newly-approved
laws.
 The Judicial branch also decides on policies which
are contested between the other two branches of
the government.
 The Judicial branch upholds the rule of law by
determining violations committed by citizens and
prescribing the proper sanctions for it.
 ADJUDICATORY POWER refers to the
functions of the court of justice.
 Power of the judicial review clarifies,
interpret and make judgment of the
laws.
 INCIDENTAL POWER refers to the
authority to punish a person and judge
as disrespectful
 SUPREME
COURT

COURT OF
COURT OF SANDIGAN
TAX
APPEALS BAYAN APPEALS

REGIONAL SHARI’A
TRIAL DISTRICT
COURTS COURTS

MUNICIPAL MUNICIPAL SHARI’A

METROPOLITAN MUNICIPAL
TRIAL COURTS CIRCUIT TRIAL CIRCUIT
TRIAL COURTS TRIAL COURTS
IN CITIES COURTS COURTS
 The qualifications are both Constitutional and
Statutory.
MEMBERS OF THE MEMBERS OF THE MEMBERS OF THE
SUPREME COURT LOWERCOLLEGIATE LOWER COURTS(
COURT (CA, CTA, RTCs, MTCs, MeTc,
SANDIGANBAYAN) MCTCs)
• natural-born citizen • natural-born citizen • citizen of the
Philippines (either
naturalized or natural-
born)
• at least 40 years old • member of the • member of the
Philippine Bar Philippine Bar

• A judge of lower court • Congress may • Congress may

or engages in the prescribe other prescribe other
practice of law in the qualifications qualifications
Philippines for at least
15 years
 The JBC is a significant innovation introduced by
the 1987 Philippine Constitution, the primary
purpose of which is to recommend appointees to
Judiciary.

 Chief Justice (ex-officio chair)

 Secretary of Justice
 Representative of Congress
 Representative of the Integrated Bar of the Philippines
 Professor of Law
 Private Sector Representative
 Clerk of the Supreme Court (secretary)
 Competence which involves the educational
background and legal experience of the applicant
 Integrity which entails a background check and
positive testimonies regarding the applicant
 Probity and Independence which signifies
assurance that the applicant does not aim to serve
private interests as a Supreme Court Justice
 Sound physical, mental and emotional condition
which would require favorable results in
psychological and general medical examination.
 is the highest court in the land and it supervises
all other courts in the country.
 it is composed of 15 members, 1 Chief Justice and
14 Associate Justices. (Art. VIII, Sec 4)
 They are appointed by the President upon the
recommendation by the Judicial and Bar Council
which will submit 3 nominees to the President.
 The appointment of the Members of the Supreme
Court is not subject for confirmation by the
Commission on Appointments.
A. ORIGINAL JURISDICTION
• This refers to the Supreme Court’s
authority to be the first to hear a case. This
includes cases:
1. Affecting ambassadors, public ministers
and consuls
2. petitions for certiorari, prohibition,
mandamus, quo warranto and habeas
corpus
B. APPELLATE JURISDICTION
• This refers to the Supreme Court’s
authority to review, revise, modify or affirm
final judgments rendered by the lower
courts. This includes cases AFFECTING:
1. The constitutionality or validity of any treaty,
international or executive agreement, law,
presidential decree, proclamation, order,
instruction, ordinance and resolution.
2. The legality of any tax imposed, assessment, toll
or any penalty in relation thereto.
B. APPELLATE JURISDICTION
3. The jurisdiction of lower courts.
4. Criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
5. Error or question of law involved.
C. TEMPORARY ASSIGNMENTS OF
JUDGES OF THE LOWER COURTS
• Shall not exceed six months without
consent of the judged concerned.
D. ORDER TO CHANGE THE VENUE OF
TRIAL
• to avoid miscarriage of justice
E. RULE-MAKING POWER
• has the authority to promulgate rules
concerning the protection and enforcement
of constitutional rights, pleadings, practice
and procedure in all courts.
F. APPOINT OFFICIALS AND EMPLOYEES
• should be accordance with the Civil Service
Law.
G. ADMINISTRATIVE SUPERVISION OVER
COURTS AND PERSONNEL
 The Court of Appeals is the second highest
court in the country, and it primarily
exercises appellate jurisdiction over the
decisions of Regional Trial Courts.
 reviews administrative cases involving the
Ombudsman and the Department of Justice
as well as the decisions of government
agencies exercising quasi-judicial
functions, including the Office of the
President.
 conducts an intermediate review of
criminal cases where penalty is life
imprisonment or death, before it is
elevated to the Supreme Court.
 consists of one Presiding Justice and
69 Associate Justices, who are then
grouped into 23 divisions of 3 Justices
each.
 Regional Trial Courts are categorized into
13 Judicial Regions from Luzon to
Mindanao.
 Municipal Trial Courts have jurisdiction
over municipalities or towns.
 Municipal Circuit Trial Court if two or
more municipalities are covered by an
MTC
 Metropolitan Trial Courts MTCs of the
cities in Metro Manila
 SANDIGANBAYAN is one specialized
court that hear cases involving violations
committed y public officials, excluding the
President, Vice- President, Supreme Court
Justices and the Ombudsman.
 These cases relate to crimes such as graft,
corruption, bribery and plunder, among
others.
 composed of one Presiding Justice and 14
Associate Justices.
 COURT OF TAX APPEALS which
hears cases concerning tax collection.
 cases on Real Estate Properties as well
as trade fees and fines.
 composed of one (1) Presiding Justice
and 8 Associate Justices.
 SHARI’A DISTRICT COURTS (SDCs)
-courts which hear cases on violations of Islamic Law
(shari’a); have judicial power equivalent to that of the
RTCs.
 SHARI’A CIRCUIT COURTS (SCCs)
- courts which hear cases on violations of Islamic
Law (shari’a); have judicial power equivalent to that
of the MCTCs.

The jurisdiction of these courts encompasses the

ARMM and selected provinces in Mindanao, such as
Lanao del Norte, Sultan Kudarat and Cotabato
Province.
 Government Agencies and Offices that do not
belong to the judiciary but perform some of their
functions, such as arbitration and settling of
disputes, and the rendering of judgment on
certain cases.
 National Labor Relations Commissions (NLRC)
 Department of Agrarian Reform Adjudication
Board (DARAB)
 Office of the Ombudsman
 Civil Service Commission
 COMELEC
 COA
“ I’m truth, no matter who tells it.
I’m for justice, no matter who it is
for or against”.
 DECODING
Arrange the
scrambled letters
to form judicial
jargons. An excess
letter is placed in
each item.
 UJIRSCDIITNYO
RRRIAOAITCE
 MSUAMNDAM
 BEAISAHOUCRPS
 LLAAPPEEAT
 SEDGOUJ
 EFICHXCEJSUIT
VEENUOFFTAILR
Due process means that the courts
are mandated to maintain fairness n
all judicial process, and recognize ad
protect the rights of an individual
involved in a case, whether it is the
complainant (the “victim”) or the
accused (the defendant or
respondent).
PRECEDENT refers to the principle or rule
established by an original or previous legal
case which then defines subsequent rulings in
other cases.

JURISPRUDENCE refers to the study of the

nature of laws.
Is a legal mechanism implemented in the
investigation and prosecution of criminal
cases.
 Complaint

PRELIMINARY
INVESTIGATION

ARREST WARRANT;
ARRAIGNMENT
BAIL

PRE-TRIAL PHASE
NOT GUILTY

TRIAL

MOTION FOR
RECONSIDERATION

APPEAL
Motion for reconsideration is a request by the
accused for a new trial based on the following
reasons;
if the rights of the accused were violated or
there were irregularities committed during the
trial
If there is newly-discovered evidence that may
affect the judgment rendered.
Appeal means that the decision on case may
be elevated to the next higher court for review.

The Lupon is not a court of law thus could not

render judgment on legal cases.
It may conduct its mandates to settle disputes
among members of the community, it may give
legal advice and render certain judgments of
fact in the cases brought before it.
How the JUDICIAL BRANCH checks and
balances:

THE EXECUTIVE THE LEGISLATIVE

BRANCH BRANCH
 decides on the
 decides on the
constitutionality of constitutionality of
executive orders, laws passed
proclamations,  constitutes part of

executive actions the Electoral

Tribunals that
decide on electoral
protests