Bocalan, Jannet A.

BSBM III-A

CHAPTER 9: The Judicial Department

The Philippine legal and judicial system was mainly derived from the Spanish
Civil Law and the Anglo American Common Law. This legal and judicial system has
been enriched by the customs and traditions of the Filipinos.

Definition of Judicial Power

 Power of the courts of law

 To settle actual controversies which are demandable and enforceable
 The authority exercised by the judiciary in declaring what the law and how it is
construed or interpreted (Bouvier’s Law Dictionary)
 The authority to apply the laws to disputes concerning rights or duties

Exercise of Judicial Power

 Under the Constitution, judicial power is vested in one Supreme Court and in
such inferior courts as may established by law
 The judicial branch of government of the Philippines is provided by two major
laws-the Constitution and the Judiciary Reorganization Act of 1980
 The Supreme Court and lower courts created by law and lower courts created by
legislation collectively constitute the Judiciary

Independence of the Judiciary

 An independent judicial system is one of the hallmarks of a democratic

government
 The single most important safeguard of the Constitutional rights of citizens
 Necessary in order that the courts of law may render justice to all men and be
free from the pressures and corrupting influences of the executive department
and legislation

Organization of the judiciary

 The courts constituting the judicial system of the Philippines are organized in a
hierarchy with the Court at the apex of the structure
 Below the Supreme Court in descending order are the Intermediate Appellate
Court and the Regional Trial Courts (RTC’s)
  Below the RTC’s are the Metropolitan Trial Courts, Municipal trial Courts and the
Municipal Circuit Trial Courts
 There are also special courts like the Court of Tax Appeals and the
Sandiganbayan, and courts of limited jurisdiction known as Shari’a District Courts
and Shari’a Circuit Courts

Appointment

 Justices of the Supreme Court are appointed by the President from a list vof
three nominees prepared by the Judicial and Bar Council

Judicial and Bar Council

 Screens the nominations and appointments to the judiciary

Qualifications to be a Member of the Supreme Court

 Must be natural–born Filipino

 Must be at least 40 years of age
 Must have been a judge of a court of record or engaged in the practice of law in
the Philippines for at least 15 years

Security of Tenure

 Members of the Judiciary enjoy security of tenure

 They will continue to hold office until they reach the age of70 or unless they
become incapacitated to perform their duties
 They cannot be removed from office after proper charges are filed against them
except by impeachment

Salaries

 The salaries of the members of the Supreme Court and lower courts justices are
determined by law
 Diminution of (decrease in) salaries is prohibited while increase is possible
 Not exempt from taxation and taxes
The Supreme Court

 The highest court in the Philippines

 Composed of a Chief Justice and 14 Associate Justices

Jurisdiction

 Means the power of the courts to take cognizance of and decide cases
 Legal right of judges to exercise authority
 May be Original or Appellate

Original Jurisdiction

 Refers to the original jurisdiction of the Supreme Court

 The Supreme Court exercises original jurisdiction over two groups of cases

Appellate Jurisdiction

 Pertains to cases of great public concern or serious importance to rights of

individuals

Temporary Assignment of Judges

 Only the Supreme Court can transfer judges of lower courts to temporary
stations, with or without the consent of the judge concerned or so transferred
 Must be for a period not longer than 6 months

INTERMEDIATE APPELLATE COURTS

 The Intermediate Appellate Court (IAC) consists of a Presiding Appellate justice

and 49 Associate Appellate Justices
 Appointed by the President of the Philippines
Qualifications

 Are the same as those provided in the Constitution for Justices of the Supreme
Court

REGIONAL TRIAL COURTS

Qualifications to be Judge of RTC

 Must be natural-born citizen of the Philippines

 Must be at least 35 years of age
 At least 10 years engaged in the practice of law in the Philippines

Appointment and Assignment

 Every RTC Judge is appointed to a region which shall be hic permanent station
 The Supreme Court may assign temporarily a Regional Trial Judge to another
region as public interest may require

Metropolitan Trial Court

 Is created in each metropolitan area established by law

Municipal Trial Court

 In each of the other cities or municipalities

Municipal Circuit Trial Court

 In each circuit comprising cities or municipalities as grouped together by law

Qualifications to be a Judge

 Must be natural-born citizen of the Philippines

 At least 30 years of age
 At least 5 years have been engage in the practice of law in the Philippines
 Have held public office in the Philippines requiring the practice of law

Shari’a Courts

 Are constituted according to P.D. No. 1083 otherwise known as the Code of
Muslim Personal Laws of the Philippines