JUDICIAL

BRANCH
[ B r a n c h e s o f t h e P h i l i p p i n e G o v e r n m e n t]
The
Judicial 1. The Judiciary
Department
2. Composition of Judiciary
3. Judicial Powers
4. Qualifications
 “Judicial power shall be vested in
one Supreme Court and in such
lower courts as may be established
by law.”
As stated in the
Constitution “Judicial power includes the duty of
the courts of justice settle actual
under Article controversies involving rights which
VIII, are legally demandable and
Section I: 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 in the government.”
 As stated in Article VIII, Section 9:

Manner of “The Members of the Supreme

appointing Court and judges of the lower courts
shall be appointed by the President
members from a list of at least three nominees
of the prepared by the Judicial and Bar
Council for every vacancy. Such
Judiciary appointment need no confirmation.”

“For the lower courts, the President

shall issue the appointments within
ninety days from the submission of
the list.”
 • One Chief Justice
• Fourteen Associate
Justice
Composition of
Supreme Court Article VIII, Section 4:
“The Supreme Court shall be
composed of a Chief Justice and
fourteen Associate Justices. It may
sit and hear cases en banc or in its
discretion, in divisions of three,
five or seven members. Any
vacancy shall be filled ninety days
from the occurrence thereof.”
 Under Article VIII,
Qualifications of Section 7(3)
the members of that every member of the
Judiciary Judiciary “be a person of
proven competence,
integrity, probity and
independence”
 A. Justice of the
Supreme Court
Qualifications of
Justices
and Judges • be a natural born citizen of the
Philippines
• at least 40 years old
• have been a judge of lower
court or engaged in the practice
of law in the Philippines for 15
years or more
• independent
 B.Judges of the Lower
Courts
Qualifications of
Justices • a citizen of the Philippines
and Judges • a member of the Philippine bar
• be a person of proven
competence, integrity, probity and
independence
• tenure of Office of the Judiciary
• members of the Supreme Court
and judges of the lower courts shall
enjoy their office during good
behavior
Qualifications of • members of the SC shall enjoy
Justices the office until they are removed
and Judges in their long and difficult process
of impeachment
• hold office until they reached
70 years or become incapacitated
• until dismissed by members of
the SC on a probable cause
Scope of 1. Adjudicatory
Judicial
Power 2. Power of Judicial
Review

3. Incidental Powers
Powers of the
a. Certiorari – a special
action; a writ issued from
Supreme a superior court requiring
Court a lower court or a board
of officer exercising
judicial function to
transmit the records of a
case to higher court for
purposes of review.
Powers of the b. Prohibition – a written
Supreme order by which a superior
Court court demands a lower
court or a corporation,
board or a person to
desist from further
proceedings in action or
matter.
Powers of the c. Mandamus – an order
issued by a high court
Supreme
commanding a lower
Court court or a corporation
board or a person to
perform a certain act,
which is its duty to do. It
orders a compliance or
performance of an act.
Powers of the
Supreme
d. Quo warranto – an action
by the government to
Court recover an office or
franchise from an
individual or corporation
usurping or unlawfully
holding it.
Powers of the e. Others
Supreme Power to:
Court -review, revise, reverse,
modify, or affirm on appeal
or certiorari as the law or the
rules of court may provide,
final judgements and orders
of lower courts.
 Power to:
-assign temporarily judges of lower
courts to other stations as public
Powers of the interest may require
Supreme -order a change of venue or place of
Court trial to avoid a miscarriage of justice
-create and promulgate rules of
procedure
-discipline judges of the lower
courts and order dismissal of a judge
by majority vote.
-appoints all officials and employees
of Judiciary in accordance with the
Civil Service Law
 Article VIII, Section 8 and 9
The Judicial Bar and Council
is created under the
Judicial Bar supervision of the Supreme
and Council Court composed of the Chief
Justice as ex officio Chairman,
the Secretary of Justice, and
representative of the Congress
as ex officio Members, a
representative of the Integrated
Bar, a professor of law, a
retired Member of the Supreme
Court, and a representative of
the private sector.
 a. Court of Appeals
Courts under b. Regional Trial Courts
the Supreme
Court c. Municipal Trial Court,
Municipal Circuit Trial

Court and Metropolitan Trial

Courts

d. Special Courts
 Special Courts:
Courts under
the Supreme
1. Court of tax Appeal
Court It has exclusive jurisdiction
over has appealed by private
citizens and commercial
firms who protect the
amount of taxes imposed.
Composed of three justices
headed by Presiding Justice.
Courts under
the Supreme 2. Sandiganbayan
Court Decides cases involving
graft and corruption by
government and employee.
Composed of fifteen justices
headed by Presiding Justice.
Courts under
the Supreme 3. Ombudsman
Court It is also known as
Tanodbayan. Responsible in
investigating cases of graft
and corruption
JUSTICE
IS
S E R V E D.