The Judicial

Branch
 The Philippine Judiciary is composed of
different courts. This is the only branch of
government that does not find itself in
fusion with the other two branches. Its
main function is rule-adjudication or rule-
interpretation. In essence, it is in charge of
determining the constitutionality of the law
 Correspondingly, in case of conflicts of law, it
decides on which one is correct. The power of
the judiciary rests on the Supreme Court and
the lower courts, which include the Court
of Appeals, Sandiganbayan, down to the
Regional Trial Courts, the Metropolitan
Trial Court, and the Municipal Trial
Court.
Judicial Power
 Article VIII, Section 1 of the 1987 Constitution
stipulates that Judicial power will be vested in the
Supreme Court and all lower courts. Judicial
power is the power to apply the laws to contests or
disputes or concerning legally recognized rights
and duties between the state and private persons,
or to individually litigants in cases properly
brought before judicial tribunal.
Judicial Power
 The 1987 Philippine Constitution, as mentioned by
Paliwen and Paliwen (2017) states that judicial power
entails two activities: (a) to settle actual
controversies involving rights which are legally
demandable and enforceable and (b) to settle
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.
 Philippine Judiciary not only rules on legal
issues but also on the other two branches
(executive and legislative), as what the late
senator Mirriam Defensor Santiago said, “
whenever the court finds that the other
department has committed grave abuse of
discretion”.
 The scope of judicial power includes:
 a. Adjudicating Power or the power to settle legal
disputes;
 b. Power of Judicial Review or the power of the
Supreme Court to interpret and make judgments with
respect to the law; and
 c. Incidental Powers or powers necessary for the
discharge of the judicial function (Tabajen and Pulma,
2016). Thus, the central function of the judges is to
adjucate and interpret the law (Francisco and
Francisco,2016).
Regular Courts
Review Courts
(1)Supreme Court;
(2) Court of Appeals;

Trial Courts
(3) Regional Trial Courts; and
(4) Metropolitan Trial Courts, Municipal
Trial Courts, Municipal Circuit Trial Courts, and
Municipal Trial Courts in Cities.
Special courts are tribunals that have limited jurisdiction over
certain cases or controversies. The Shari’a Court, the Court of
Tax Appeals, and the Sandigan Bayan are examples of special
courts (Villanueva, 2017).

Quasi-courts or Quasi-judicial agencies exercise

adjudicatory powers in certain types of controversies. These
include agencies such as the Civil Service Commission,
Commission on Elections, and Commission on Audit
(Pangalangan, 2011).
Lower Courts
Ramirez (1969) as mentioned by Paliwen and
Paliwen (2017), lower courts such as City and
Municipal Courts have original jurisdiction over
cases such as, but not limited to, violation of
municipal ordinances, gambling, assault,
estafa to a
certain amount, malicious mischief,
trespassing, and illegal possession of
firearms.
 Municipal Trial Courts and Municipal
Circuit Trial Court
 Every municipality in the Philippines has a
municipal trial court. It is called municipal
court if it covers only one municipality; it is
called municipal circuit court if it covers
two or more municipalities.
 Metropolitan Trial Courts and Municipal
Trial Courts in Cities
 Municipal trial courts inside the Metropolitan
Area are called Metropolitan trial courts.
Municipal trial courts in cities outside
Metropolitan Manila are called Municipal trial
courts in cities.
 Regional Trial Courts (RTC)
 Regional Trial Courts are called second level
courts and are divided into thirteen (13)
judicial regions (further subdivided into
several branches). RTCs are called appellate
courts because these courts hear appeals and
review the decisions of lower courts.
Shari’a Courts
has the powers similar to the regular
courts but the subjects over whom
judicial powers exercised are limited to
Muslim Filipinos (Pangalangan, 2011).
Court of Appeals
 the second highest tribunal or legal court in the country. It is
composed of a presiding officer and sixty-nine (69) associate
justices who are appointed by the president. Generally, Court
of Appeals receives, reviews, and resolves appeals on
decisions of Regional Trial Courts, as well as that of the
Office of the Ombudsman in cases wherein one of the parties
is not satisfied with the decision. Court of Appeals also has
the power on the issuance of certain legal documents and
orders (Paliwen and Paliwen, 2017).
 Sandiganbayan
 This is a special court that has
exclusive jurisdiction on committed
violations of anti-graft and corruption
laws by public officials and
employees in relation to their position
and office.
HIGHEST
COURT
Supreme Court
 The Supreme Court is the highest court in the
Philippines. It is the final court that decides in any
and all judicial issues. It can review, revise,
reverse, modify, or affirm, final judgments and
orders of the lower court. The most common
reason by which a case reaches the Supreme Court
is through an appeal from a decision rendered by a
lower court.
Supreme Court
 Appealed cases generally originate
from cases tried in the trial courts.
The Supreme Court does not entertain
cases originally filed before it that
should have been filed first with the
trial courts.
Functions of the Supreme
Court
 There are two categories in
the functions of the Supreme
Court: administrative and
judicial.
Administrative Functions
 Supervision and control over the judicial branch
of the government and its employees.
 Declare 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.
Judicial Functions
 Settlement of actual controversies
involving 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
government.
Composition of Supreme Court

As indicated in Article VIII of the 1987 Philippine

Constitution, the Supreme Court is composed of
one (1) Chief Justice and fourteen (14)
Associate Justices. The President appoints
members of the judiciary from a list submitted by
the Judicial and Bar Council which is under the
supervision of the Supreme Court.
Qualifications of the Member of
Supreme Court
 Natural-Born Citizen of the Philippines
 At least 40 years of age
 Have been for 15 years or more a judge of a
lower court or engaged in the practice of law in
the Philippines.
Qualifications of the Member of
Lower Courts
 Natural-Born Citizen of the
Philippines
 Member of the Philippine Bar
Tenure of Service
 The term of office of Supreme Court members is not
fixed. Their tenure during good behavior is until they
reach seventy years old or become incapacitated to
perform their duties. They can be removed from their
position only through impeachment.
The Philippine Judiciary Exercises Political Neutrality and
Fairness

Section 15, Article VIII of the 1987 Constitution

provided a timetable for the resolution of the cases
brought to the judiciary:
 (a) two years for the Supreme Court;
 (b) one year for the lower collegiate courts; and
 (c) three months for all other lower courts.