The Judiciary

Prepared by:
Atty. Melencio S. Faustino
The Judiciary has the constitutional jurisdiction
to:
• Resolve conflicts arising between the state & citizens over basic
liberties;
• Ruling whether specific laws are constitutional; and
• Resolving conflicts between different institutions or levels of
government
 Given the constitutional jurisdiction, the
judiciary has the societal function of:
• Maintaining social control;
• Legitimizing the regime; and
• Indirectly involving itself in public policy (as judicial decisions may
influence public opinion)
 Supreme Court: Court of Last Resort
• In the 1987 Philippine Constitution, judicial power was vested to one
Supreme Court;
• the Supreme Court was the only court created by the Constitution
and thereby CANNOT be abolished by any law/legislation.
• It is the highest Court in the Philippines and thus called the ‘Court of
Last Resort’.
 Structure of Supreme Court
• 15 appointed justices (with 1 Chief Justice and 14 Associate Justices)
• No fix term of office (Art. VIII, Sec. 11); stay in office based on good
conduct and behavior & until they reach the age of 70
• Appointed by the President from a list 3 nominees prepared by the
Judicial & Bar Council
• Appointment NOT subject to confirmation by the Commission on
Appointments (Art. VIII, Sec. 9)
• SC members can only be removed by impeachment (Art. XI, Sec. 2)
 Cases filed/appealed to/in the Supreme Court
• The Supreme Court “has the power to review, revise, reverse, modify, or
affirm on appeal…final judgments and orders of lower courts in all cases in
which constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
• all cases involving the legality of any tax, impose, assessment, or toll or any
penalty imposed in relation thereto;
• all cases in which the jurisdiction of any lower court is in issue;
• all criminal cases in which the penalty imposed is reclusion perpetua or
higher; and
• all cases in which only an error or question of law is involved.
 Lower Courts
• Court of Appeals: composed of 1 Presiding Justice and 68 Associate
Justices is vested with jurisdiction over appeals from the decisions of
the Regional Trial Courts and certain quasi-judicial agencies, boards or
commissions
• Sandiganbayan: composed of a Presiding Justice and 8 Associate
Justices, has exclusive jurisdiction over violations of the Anti-Graft
and Corrupt Practices Act (RA 3019), the Unexplained Wealth Act (RA
1379), and or other crimes or felonies committed by public officials
and employees in relation to their office, including those employees
in government-owned or controlled companies
 Lower Courts
• Court of Tax Appeals: composed of 1 Presiding Judge and 2 Associate
Justices is vested with exclusive appellate jurisdiction over appeals
from the decisions of the Commissioner of Internal Revenue and the
Commissioner of Customs
• Regional Trial Courts: The law provides for 720 RTCs. The Philippines
is divided into 13 regions – the National Capital Region (NCR) and
Regions I to XII. In these regions are found many RTCs to which
decided cases coming from the MTC, MCTC, MTCC and MetroTC are
appealed.
 Lower Courts
• Shari’a Courts and Shari’a Circuit Courts: in some provinces in
Mindanao where the Muslim Code on Personal Laws is enforced, the
law provides for 5 Shari'a District Courts which are equivalent to the
Regional Trial Courts in rank and for 51 Shari'a Circuit Courts in the
municipalities therein which gave the rank and level of Municipal
Circuit Trial Courts.
• Municipal Trial Courts and Municipal Circuit Trial Courts: every
municipality has its own Municipal Trial Court. It is referred to as such
if it covers only 1 municipality; it is called Municipal Circuit Trial Court
if it covers 2 or more municipalities.
 Lower Courts
• Metropolitan Trial Courts and Municipal Trial Courts in Cities:
Municipal Trial Courts in towns and cities in the Metropolitan Manila
area, as distinguished from other political subdivisions in the
Philippines, are referred to as Metropolitan Trial Courts. In cities
outside of the Metropolitan Area, the equivalent of the Municipal
Trial Courts are referred to as Municipal Trial Courts in Cities.
• NOTE: The Supreme Court can decide on cases that have not been
tried in the lower courts (see Art. VIII, Sec. 5 of 1987 Constitution)
 The Regular Courts
• Supreme Court
• Court of Appeals
• Regional Trial Courts
• Metropolitan Trial Courts
• Municipal Trial Courts in Cities
• Municipal Trial Courts
• Municipal Circuit Trial Courts
 The Special Courts
• Sandiganbayan Court of Tax Appeals
• Shari’a District Courts
• Shari’a Circuit
 Closing remarks
• Judicial independence or freedom from the intrusion by the 2
branches of government
• It is possible to file charges against specific offices, personnel, offices
or Justices of the Supreme Court.
• If a party wishes to question a Supreme Court decision, it may file a
motion for reconsideration.
• In a so called ‘democracy’, then actual test of liberty is an EFFICIENT
and CLEAN judiciary
 Article VIII
JUDICIAL DEPARTMENT
 SECTION 1
• Judicial Power – is the power to apply the laws to contests or disputes
concerning legally recognized right or duties between the State and private
persons, or between individual litigants in cases properly brought before
the judicial tribunals.
• Scope of judicial power
• 1. Adjudicatory power (a.) to settle actual controversies involving rights which are
legally demandable and enforceable; and (b.) to determine whether 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.
• 2. Power of judicial review (a.) to pass upon the validity or constitutionality of the
laws of the State and the acts of the other departments of the government; (b.) to
interpret them; (c.) to render binding judgment.
• 3. Incidental powers. – It likewise includes the incidental powers necessary to the
effective discharge of the judicial functions such as the power to punish persons
adjudged in contempt.
• Organization of Courts
• 1.) Regular courts. – The Philippine judicial system consists of a hierarchy of
courts resembling a pyramid with the Supreme Court at the apex.
• a.) Court of Appeals (now with 69 Justices headed by a Presiding Justice) which operates
in 23 divisions each comprising three (3) members. The court sits en banc only to
exercise administrative, ceremonial, or other non-adjudicatory functions;
• b.) Regional Trial Court presided by 720 Regional Trial Judges in each thirteen (13)
regions of the country; and
• c.) Metropolitan Trial Court in each Metropolitan area established by law; a Municipal
Trial Court in every city not forming part of a metropolitan area in each of the
municipalities not comprised within a metropolitan area and a municipal circuit; and a
Municipal Circuit Trial Court in each area defined as municipal circuit comprising one or
more cities and/or more municipalities grouped together according to law.
• 2. Special courts
• a.) The court of Tax of Appeals (with three judges headed by a Presiding
Judge) was created under Republic Act. No. 1125, as amended, which has
exclusive appellate jurisdiction to review on appeal decisions of the
Commissioner of Internal Revenue involving internal revenue taxes and
decisions of the Commissioner of Customs involving customs duties.
• b.) The Sandiganbayan (now with 15 justices headed by presiding Justice)
which operates in five (5) divisions each comprising three (3) members, was
created by Presidential Decree No. 1606 pursuant to the mandate of the 1973
Constitution. It shall continue to function and exercise provided by a
subsequent law.
• Importance of the judiciary
• 1.) Confidence in the certain and even administration of justice.
• 2.) Preservation of the government.
• 3.) Respect for law and order.
• Independence of the judiciary
• 1.) Congress may not deprive the Supreme Court of the constitutional powers granted to it;
• 2.) Congress cannot prescribe the manner in which the Supreme Court should sit, and
determine the number of Justices composing the court;
• 3.) The Supreme Court is given the authority to appoint all officials and employees of the
judiciary;
• 4.) The members of the Supreme Court and judges of lower courts enjoy security of tenure.
• 5.) Their salaries cannot be decreased during their continuance in office;
• 6.) The members of the Supreme Court can only be removed through the difficult process of
impeachment;
• 7.) The judiciary enjoys fiscal autonomy
 SECTION 2
• Power to apportion jurisdiction of various courts vested in Congress.
• The power to define, prescribe, and apportion the jurisdiction of the various
courts is vested by the Constitution in Congress. However, there are 3
limitations to the exercise of this power, namely;
• 1.) The Congress cannot diminish or otherwise impair the original and appellate
jurisdiction of the Supreme Court over cases enumerated in Section 5.
• 2.) No law shall be passed reorganizing the judiciary when it undermines security of
tenure guaranteed in Section 11; and
• 3.) No law shall passed increasing the appellate jurisdiction of the Supreme Court
without its advice and concurrence.
• Jurisdiction of courts
• the power and authority of a court to hear, try, and decide a case. It may be:
• 1.) General.- when it is empowered to decide all disputes which may come before it
except those assigned to other courts.
• 2.) Limited.- when it has authority to hear and determine only a few specified cases.
• 3.) Original. – when it can try and decide a case presented for the first time.
• 4.) Appellate. – when it can take a case already heard and decided by a lower court
removed by the latter by appeal.
• 5.) Exclusive.- when it can try and decide a case which cannot be presented before any
other court.
• 6.) Concurrent.- when any one of two or more courts may take cognizance of a case.
• 7.) Criminal.- that which exists for the punishment of crime.
• 8.) Civil.- that which exists when the subject matter is not of a criminal nature.
 SECTION 3
• The Judiciary shall enjoy fiscal autonomy.
• Appropriations for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released
 SECTION 4
• Composition of the Supreme Courts
• 15 members including the Chief Justice. - The Constitution requires any
vacancy to be filled within 90 days from the concurrence.
• Sitting procedure
• The Supreme Court may sit and hear en banc or in divisions of 3, 5, or 7
members. It is now Supreme Court decides whether or not will sit in divisions.
On the basis of 15 members, the number of divisions will be 5, composed of 3
members each; 3, composed of 5 members each; or 2 meeting separately. In
case of 2 divisions, there will be 8 members including the Chief Justice in one
division, and 7 in the other. The different sizes of the divisions would indicate
the relative importance of the case being heard.
• Meaning of executive agreement
• Is an agreement entered into by the President on behalf of the Philippines
with the government of another country and is affective and binding upon
the Philippines without the concurrence of Congress.
• Classes:
• 1.) Those made purely as executive acts
• 2.) Those entered into pursuance of acts of Congress.
• Meaning of power of judicial review
• Is the power of the courts, ultimately of the Supreme Court, to interpret the
Constitution and to declare any legislative or executive act invalid because it is
in conflict with the fundamental law.
SECTION 5
• 1.) Exercise original jurisdiction over cases affecting ambassadors,
other public ministers, consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
• 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 lower courts in:
• (a.) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
• (b.) All case involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation therto.
 • (c.) All cases in which the jurisdiction of any lower court is in issue.
• (d.) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
• (e.) All cases in which only an error or question of law is involved.
• 3.) Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall not
exceed 6 months without the consent of the judge concerned.
• 4.) Order change of venue or place of trial to avoid a miscarriage of
justice.
 SECTION 6
• The Supreme Court shall administrative supervision over all courts
and the personnel thereof.
 SECTION 7
• Qualifications for members of the Supreme Court
• 1.) Natural-born citizen of the Philippines
• 2.) Must be at least 40 yrs. of age
• 3.) Must have been for 15 yrs. or more a judge on lower court or engaged in
the practice of law in the Philippines
• 4.) Must be a person of proven competence, integrity, probity and
independence.
 SECTION 8
• 1.) A Judicial and Bar Council is hereby created under the supervision
of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of the
Congress as ex officio Member, a representative of the Integrated Bar,
a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.
• 2.) The regular members of the Council shall be appointed by the
President for a term of 4 years with the consent of the Commission
on Appointments. Of the Members first appointed, the representative
of the Integrated Bar shall serve for 4 years, the professor of law for 3
years, the retired Justice for 2 years, and the representative of the
private sector for 1 year.
• 3.) The Clerk of the Supreme Court shall be the Secretary ex officio of
the Council and shall keep a record of its proceedings.
• 4.) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court. The
Supreme Court shall provide in its annual budget appropriations for
the Council.
• 5.) The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and
duties as the Supreme court may assign to it.
 SECTION 9
• The members of the Supreme Court and judges of lower courts shall
be appointed by the President from a list of at least 3 nominees
prepares by the Judicial and bar Council for every vacancy. Such
appointments need no confirmation.
• For the lower courts, the President shall issue the appointments
within 90 days from the submission of the list.
 SECTION 10
• The salary of the Chief of Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law.
During their continuance in office, their salary shall not be decreased.
• Salary Grade 32 or equal to the Salary Grade of Vice-President,
Senators and Representatives
 SECTION 11
• The Members of the Supreme Court and judges of lower courts shall
hold office during good behavior until they reach the age of 70 years
or become incapacitated to discharge the duties their office. The
Supreme Court en banc shall have the power to discipline judges of
lower courts, or order their dismissal by a vote of a majority of
Members who actually took part in the deliberations on the issues in
the case and voted thereon.
 SECTION 12
• The Members of the Supreme Court and of other courts established
by law shall not be designated to any agency performing quasi-judicial
or administrative functions.
• Quasi-judicial is defined as an action by an administrative agency
which;
• ascertains certain facts,
• hold hearings,
• weigh evidence,
• make conclusions from the facts as a basis for their official action, and
• exercises discretion of a judicial nature
 SECTION 13
• The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before
the case is assigned to a Member for the writing of the opinion of the
Court. A certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case and
served upon the parties. Any Member who took no part, or
dissented, or abstained from decision or resolution must state the
reason therefor. The same requirements shall be observed by all
lower collegiate courts.
 SECTION 14
• No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based. No
petition for review or motion for reconsideration of a decision of the
court shall be refused due course or denied without stating the legal
basis therefor.
 SECTION 15
• 1.) All cases or matters filed after the effectivity of the Constitution
must be decided or resolved within 24 months from date of
submission for the Supreme Court, and, unless reduced by Supreme
Court, 12 months for all lower collegiate courts, and 3 months for all
other lower courts.
• 2.) A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or memorandum
required by the Rules of Court or by the court itself.
• 3.) Upon the expiration of the corresponding period, certification to
this effect signed by the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties. The certification shall
state why a decision or resolution has not been rendered or issued
within said period.
• 4.) Despite the expiration of the applicable mandatory period, the
court, without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.
 SECTION 16
• The Supreme Court shall, within 30 days from the opening of each
regular session of the Congress, submit to the President and the
Congress an annual report on the operations and activities of the
Judiciary.