JUDICIAL

DEPARTMENT
(Article VIII)
 Judicial Power

• Power to apply the laws to settle

disputes between the State and private
persons, or between individual
litigants.
• Interpret the law to make it
enforceable and binding to all.
• Supreme Court and other lower courts.
 Scope of
Judicial Power

 Adjudicatory Power
Judicial Review
 Incidental Power
Adjudicatory Power
• To settle actual controversies
involving rights
• To determine whether there has been
a gave abuse of discretion to lack or
excess of jurisdiction.
• Legality of action
Lack of jurisdiction
Lack of authority to act on the matter
in dispute
Judicial Review
• Interpret the law and
make them binding
judgements
Constitutionality of
the laws
Constitutionality of no
permit no rally policy
Incidental Power
• Power essential for the
discharge of their judiciary
function
Contempt of Court
Subpoena
Warrant of Arrest
Supreme Court
• Final decision maker
• Highest court of the land

Classes of Courts

Constitutional Court
• Provided by the constitutions
• One Supreme Court
Stationary Courts
• Creations of Law
• Legislative
• Lower Courts
• Courts below the Super Court
Stationary Courts
Regular
 Court of Appeals
 Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Court
 Shari'a District Court
Special
 Sandiganbayan
 Review cases field against government
officials
 Court of Tax Appeals
 Review appeals on the decisions of the
BIR
Quasi-Judicial Agencies
Agencies under the Executive Department performing duties similar to the
Judicial Department
Make pronouncements and judgements on certain issues

• Commission on Elections
• National Labor Relations Commission
• Securities and Exchange Commission

• They render judgements just like the Judicial Department, yet they form part of the Executive
Department
Powers of the Judiciary
Settle disputes concerning consuls or diplomats
• They enjoy immunity from domestic suits or cases
Petition for Certiorari
• Special civil action requesting a lower court or body transmit the
records to the superior court for review
Prohibition
• Write by which the superior court prohibits the lower court or body
to stop further proceedings
Powers of the Judiciary
Mandamus
• Order by a superior court to a lower court to do perform a certain
act which it to bound to
do so
Qua Warranto
• Action by the government to recover an office or franchise from
an individual unlawfully holding it
Automatic Review Cases sentenced by lower court with
Reclusion Perpetua or Death Penalty