You are on page 1of 41

Supreme Court

Group 6

Under the 1987 Constitution


Supreme Court
Pursuant to the provisions of the 1987 Constitution, the Supreme Court is
composed of a Chief Justice and 14 Associate Justices who serve until the
age of 70.

The Court may sit en banc or in one of its three divisions composed of
five members each.

The Chief Justice and Associate Justices are appointed by the President of
the Philippines, chosen from a shortlist submitted by the Judicial and Bar
Council. The President must fill up a vacancy within 90 days of
occurrence.
Supreme Court
The Judiciary Reorganization Act of 1980 transferred the administrative
supervision of all courts and their personnel from the Department of
Justice to the Supreme Court. This was affirmed by Art. VIII, sec. 6 of
the 1987 Constitution states "The Supreme Court shall have
administrative supervision over all courts and the personnel "

Its principal function is the supervision and administration of the lower


courts throughout the Philippines and all their personnel. It reports and
recommends to the Supreme Court all actions that affect the lower court
management. The OCA is headed by the Court Administrator, three
Deputy Court Administrators, and three Assistant Court Administrators.
According to the 1987 Constitution, Art. VIII, sec. 5, The
Supreme Court exercises the following powers:

1. Exercise jurisdiction over cases affecting ambassadors, other


public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
According to the 1987 Constitution, Art. VIII, sec. 5, The
Supreme Court exercises the following powers:

2. Review, revise, reverse, modify, or affirm, on appeal or


certiorari, as the law or the Rules of Court may provide, final
judgments and orders of the lower courts in:
All cases in which the
constitutionality or validity of
any treaty, international or All cases in which only an
All cases in which the
executive agreement, law,
jurisdiction of any lower error or question of law
presidential decree,
court is in issue; is involved;
proclamation, order, instruction,
ordinance, or regulation is in
question;
3
4
2
All criminal cases in which
All cases involving the
1 legality of any tax, impost,
the penalty imposed is
reclusion perpetua or higher;
assessment, or toll, or any
penalty imposed in relation
thereto;
According to the 1987 Constitution, Art. VIII, sec. 5, The
Supreme Court exercises the following powers:
3. Assign temporarily judges of lower courts to other stations
as public interest may require. Such temporary assignments
shall not exceed six months without the consent of the judge
concerned.

4. Order a change of venue or place of trial to avoid a


miscarriage of justice.
According to the 1987 Constitution, Art. VIII, sec. 5, The
Supreme Court exercises the following powers:
5. 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. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts the same grade, and shall not diminish, increase or
modify substantive rights. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved by the Supreme
Court.
According to the 1987 Constitution, Art. VIII, sec. 5, The
Supreme Court exercises the following powers:

6. Appoint all officials and employees of the Judiciary in


accordance with the Civil Service Law (Sec. 5 , id.).
Court of Appeals

Under the 1987 Constitution


Organization
There is hereby created an Intermediate Appellate Court
which shall consist of a Presiding Appellate Justice and
forty-nine Associate Appellate Justices who shall be
appointed by the President of the Philippines.
Sec.4

Exercise of powers and functions.

The Intermediate Appellate Court shall exercise its powers,


functions, and duties, through ten (10) divisions, each composed of
five members. The court may sit en banc only for the purpose of
exercising administrative, ceremonial, or other non-adjudicatory
functions.
Sec.5

Succession to Office of Presiding Appellate Justice

In case of a vacancy in the Office of the Presiding Appellate Justice


or in the event of his absence or inability to perform the powers,
functions, and duties of his office, the Associate Appellate Justice
who is first in precedence shall perform his powers, functions, and
duties until such disability is removed, or another Presiding
Appellate Justice is appointed and has qualified.
Sec.6

Who presides over sessions of a division

If the Presiding Appellate Justice is present in any session of a


division of the Court, he shall preside. In his absence, the
Associate Appellate Justice attending such session who has
precedence shall preside.
Sec.7

Qualifications.

The Presiding Appellate Justice and the Associate Appellate Justices


shall have the same qualifications as those provided in the
Constitution for Justices of the Supreme Court.

Members of the Supreme Court,Court of Appeals, Court of Tax


Appeals
Natural-born citizen of the Philippines;
At least 40 years old;
At least 15 years of practice as a judge of a lower court ; or At least
15 years of law practice in the Philippines.
Sec.8

Grouping of divisions.

Of the ten (10) divisions of the Court, four (4) divisions, to be


known as Civil Cases Divisions, shall take cognizance of appeals in
civil cases originating from the Regional Trial Courts; two (2)
divisions, to be known as Criminal Cases Divisions, of appeals in
criminal cases originating from the Regional Trial Courts; and four
(4) divisions, to be known as Special Cases Divisions, of original
actions or petitions, petitions for review, and appeals in all other
cases, including those from administrative agencies, except as
provided in Section 9 hereof.
Sec.9
Jurisdiction.
Original jurisdiction to
issue writs of mandamus,
prohibition, certiorari,
3
habeas corpus, and quo
Exclusive appellate
warranto, and auxiliary
writs or processes, whether
2 jurisdiction over all final
or not in aid of its appellate judgments, decisions,
jurisdiction; Exclusive original resolutions, orders, or awards
jurisdiction over actions for of Regional Trial Courts.
annulment of judgments of
Regional Trial Courts;
1
Sec.10

Place of holding sessions

The Intermediate Appellate Court shall have its permanent station in


the City of Manila. Whenever demanded by public interest, the
Supreme Court, upon its own initiative or upon recommendation of
the Presiding Appellate Justice, may authorize a division of the
Court to hold sessions outside Manila, periodically, or for such
periods and at such places as the Supreme Court may determine, for
the purpose of hearing and deciding cases.
Sec.11

Quorum

A majority of the actual members of the Court shall constitute a


quorum for its session en banc. Three members shall constitute a
quorum for the sessions of a division. The affirmative votes of the
majority of the members present shall be necessary to pass a
resolution of the Court en banc. The affirmative votes of three
members of a division shall be necessary for the pronouncement of
a decision, or final resolution, which shall be reached in
consultation before the writing of the opinion by any member of the
division.
Sec.12

Internal Rules.

The Court en banc is authorized to promulgate rules or orders


governing the constitution of the divisions and the assignment of
Appellate Justices thereto, the distribution of cases, and other
matters pertaining to the operations of the Court or its divisions.
Copies of such rules and orders shall be furnished the Supreme
Court, which rules and orders shall be effective fifteen (15) days
after receipt thereof, unless directed otherwise by the Supreme
Court.
The Regional
Trial Court
Under the 1987 Constitution
Creation of Regional Trial Court
The First Judicial Region
Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mountain
Province, and Pangasinan, and the cities of Baguio, Dagupan,
Laoag, and San Carlos

The Second Judicial Region


Batanes, Cagayan, Ifugao, Isabela, Kalinga-Apayao, Nueva
Vizcaya, and Quirino;
 
The Third Judicial Region
Bataan, Bulacan, (except the municipality of Valenzuela), Nueva Sec.
13
Ecija, Pampanga, Tarlac, and Zambales, and the cities, of
Angeles, Cabanatuan, Olongapo, Palayan, and San Jose
Sec.14
Regional Trial Courts.

01 02
Fifty-seven Regional Trial Judges Thirty-two Regional Trial Judges
shall be commissioned for the First shall be commissioned for the Second
Judicial Region Judicial Region.

03 04
Seventy-five Regional Trial Judges One hundred seventy-two Regional
shall be commissioned for the Third Trial Judges shall be commissioned
Judicial Region for the National Capital Judicial
Region.
Sec.15

Qualifications
No persons shall be appointed Regional Trial Judge unless he
is a natural-born citizen of the Philippines, at least thirty-five
years of age, and for at least ten years, has been engaged in
the practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the practice of
law as an indispensable requisite.
Sec.16

Time and duration of sessions


The time and duration of daily sessions of the Regional Trial Courts shall
be determined by the Supreme Court: Provided, however, That all
motions, except those requiring immediate action, shall be heard in the
afternoon of every Friday, unless it falls on a holiday, in which case, the
hearing shall be held on the afternoon of the next succeeding business day:
Provided, further, That the Supreme Court may, for good reasons, fix a
different motion day in specified areas.
Sec.17

Appointment and assignment of Regional Trial Judges


Every Regional Trial Judge shall be appointed to a region which shall be his permanent station,
and his appointment shall state the branch of the court and the seat thereof to which he shall be
originally assigned. However, the Supreme Court may assign temporarily a Regional Trial
Judge to another region as public interest may require, provided that such temporary
assignment shall not last longer than six (6) months without the consent of the Regional Trial
Judge concerned.

A Regional Trial Judge may be assigned by the Supreme Court to any branch or city or
municipality within the same region as public interest may require, and such assignment shall
not be deemed an assignment to another station within the meaning of this section.
Sec.18

Authority to define territory appurtenant to each branch.


The Supreme Court shall define the territory over which a branch of the Regional
Trial Court shall exercise its authority. The territory thus defined shall be deemed to
be the territorial area of the branch concerned for purposes of determining the venue
of all suits, proceedings or actions, whether civil or criminal, as well as determining
the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts over the said branch may exercise appellate jurisdiction. The power herein
granted shall be exercised with a view to making the courts readily accessible to the
people of the different parts of the region and making the attendance of litigants and
witnesses as inexpensive as possible.
 
Jurisdiction in civil cases
Sec.19

In all civil actions in which the subject of the litigation is incapable of pecuniary
01 estimation;

In all civil actions which involve the title to, or possession of, real property, or
any interest therein, except actions for forcible entry into and unlawful detainer
02 of lands or buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts;

In all actions in admiralty and maritime jurisdiction where he demand or claim


03 exceeds twenty thousand pesos (P20,000.00);

In all matters of probate, both testate and intestate, where the gross value of the
04 estate exceeds twenty thousand pesos (P20,000.00);
Jurisdiction in civil cases

05 In all actions involving the contract of marriage and marital relations;

In all cases not within the exclusive jurisdiction of any court, tribunal,
06 person or body exercising judicial or quasi-judicial functions;

In all civil actions and special proceedings falling within the exclusive
07 original jurisdiction of a Juvenile and Domestic Relations Court and of the
Courts of Agrarian Relations as now provided by law; and

In all other cases in which the demand, exclusive of interest and costs or
08 the value of the property in controversy, amounts to more than twenty
thousand pesos (P20,000.00).
Sec.20

Jurisdiction in criminal cases.

Regional Trial Courts shall exercise exclusive


original jurisdiction in all criminal cases not
within the exclusive jurisdiction of any court,
tribunal or body, except those now falling under
the exclusive and concurrent jurisdiction of the
Sandigan bayan which shall hereafter be
exclusively taken cognizance of by the latter
Sec.21
Original jurisdiction in other cases.

1 2
In the issuance of writs of In actions affecting
certiorari, prohibition, mandamus, ambassadors and other
quo warranty, habeas corpus and public ministers and
injunction which may be enforced consuls.
in any part of their respective
regions; and
Sec.22

Appellate jurisdiction

Regional Trial Courts shall exercise appellate jurisdiction over all cases
decided by Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts in their respective territorial jurisdictions.
 
Sec.23

Special jurisdiction to try special cases.

Whenever a Regional Trial Court takes cognizance of juvenile and


domestic relation cases and/or agrarian cases, the special rules of
procedure applicable under present laws to such cases shall continue to be
applied, unless subsequently amended by law or by rules of court
promulgated by the Supreme Court.
 
Sec.24

Special Rules of Procedure.

The Supreme Court may designate certain branches of the Regional Trial
Courts to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases.

 
Municipal Trial
Court
Under the 1987 Constitution
The Municipal Trial Courts

Every municipality in the Philippines has its


own Municipal Trial Court. It is referred to as
such if it covers only one municipality;
otherwise, it is called Municipal Circuit Trial
Court if it covers two or more municipalities.
March
25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE


METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS,
AMENDING FOR THE PURPOSE BATAS PAMBANSA,
BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY
REORGANIZATION ACT OF 1980
Purpose of municipal trial courts

To uphold the rule of the law


through fair, expeditious and 3
timely judicial process in
defending the constitutional
and democratic rights and Municipal Jurisdiction
welfare of the people, and Exclusive original jurisdiction
consistently pursue effective
administration of justice.
2 over civil actions and probate
proceedings, testate and
intestate including the grant of
Rule A municipal court should have provisional remedies in proper
the right to hear all criminal cases

1 cases, felonies and


misdemeanors, by information
and without the intervention of
a grand jury
Who may appoint the municipal trial court
judges?
By virtue of Article VIII, Section 8, appointments to the judiciary are made by
the President of the Philippines based on a list submitted by the Judicial and
Bar Council which is under the supervision of the Supreme Court. Its
principal function is to screen prospective appointees to any judicial post.
Qualifications

01 02
he is a natural-born citizen of the at least 30 years of age
Philippines

03 04
for at least five years, has been has held a public office in the Philippines
engaged in the practice of law in the requiring admission to the practice of law
Philippines as an indispensable requisite.
What cases can be filed in Municipal Trial Courts?

Violations of the Violations of city


Traffic violations. rental law. municipal
ordinances.

All other offenses where the All offenses involving


penalty does not exceed 6 damage to property
months imprisonment through criminal
and/or P1,000 fine. negligence.

You might also like