LESSON 10

FUNCTIONS OF JUDICIAL
BRANCH
BY: VINCENT JAY D. LUZON
REYMART LACABA
 I’m for truth, no matter who tells it. I’m for
justice, no matter who it is for or against.”
- Malcolm X
•Legislature makes the law.
•Executive branch enforces it.

WHAT DO YOU THINK IS THE

JUDICIAL BRANCH?
 JUDICIAL BRANCH

• Judiciary or the judicial branch of the government

gives the official and legal interpretation of the law.
• This is to avoid any confusion about the meaning or
application of the law.
•BEAK – a law which is in the process of
bring approved.
• A beak becomes a law after it is approved
by both clans and by the Office of the
Ombudsman.
 JUDICIAL BRANCH
• The judicial branch of the government is the primary
agency that handles matters concerning the settlement of
issues regarding the rights and interpretation of law.
• 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 Court, the
Metropolitan Trial Court, and Municipal Trial Court.
• The 1987 Constitution defines judicial power as follows:
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine
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.
This means that the judicial branch of the
government not only rules on legal issues but also on the
other two branches “whenever the court finds that the
other department has committed grave abuse of discretion”
(Defensor-Santiago 2002)
 Some of the functions of the Supreme Court under
the 1987 Constitution are as follows:
1. The Supreme Court primarily handles the cases of
ambassadors, other public ministers, and consults.
2. Review, affirm, reverse, or amend the decision of lower
courts on certain cases that may concern the
constitutionally or validity of international agreement
and presidential decrees, questionable decisions or
processes of the lower courts, cases which are punishable
by lifetime imprisonment, error or question of law,
among others.
3. Appointments of judges, officials, and employees
of the Judiciary.
4. Create and disseminate rules and procedures
concerning the processes in legal courts as well as the
membership to the Bar.
 SUPREME COURT

• Is composed of a Chief Justice and fourteen

Associate Justices appointed by the president from a
list of qualifiers from the screening process done by
the Judicial and Bar Council.
 COURT OF APPEALS
• The second highest tribunal or legal court in the country, is
composed of a Presiding Justice and sixty-nine Associate
Justices who are appointed by the president. Aside from
having power on the issuance of certain legal documents
and orders.
• Mainly 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 TAX APPEALS
• Focuses on reviewing and resolving appeals of decisions
from the Commissioner of Internal Revenue,
Commissioner of Customs, Department of Finance,
Department of Trade and Industry, and other legal courts
concerning cases related to tax, tariffs, and other monetary
obligations to the government.
• Is composed of one Presiding Justice and five Associate
Justices.
THE SANDIDANBAYAN HAS THE FOLLOWING
MANDATE:
• SEC. 5. The Batasang Pambansa shall create a special
court, to be known as Sandiaganbayan, which
shall have jurisdiction over criminal and civil
cases involving graft and corrupt practices and
such other offences committed by public officers
and employees, including those in government-
owned or controlled corporations, in relation to
their as may be determined by law.
( Art XIII, 1973 Constitution)
• SEC. 4. The present anti-graft court known as the
Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may
be provided by law.
( Art. XI, 1987 Constitution)
 LOWER COURTS
• City and municipal courts have original jurisdiction over
cases such as, but no limited to, violations of municipal
ordinances, gambling, assault, estafa to a certain amount,
malicious mischief, trespassing, and illegal possession of
firearms. (Ramirez 1996)
• In order to maintain objectivity in the system, the judicial
branch sometimes transfers one judge or even cases from
one city to another. (Defensor-Santiago 20002)
• Section 15, Article VIII of the 1987 Constitution
- provided a timetable for the resolution of the cases
brought to the judiciary: two years for the Supreme Court,
one year for the lower collegiate courts, and three months for
all other lower courts. In case the issue is not resolved within
those period, a certification signed by the Chief Justice or
presiding judge stating why the case has not been resolved
shall be issued and served to both parties.
• SECTION 15 [4] further goes on to say that:
Despite the expiration of the applicable mandatory
period, the court, without prejudice to such responsibility as
may have been incurred in consequences thereof, shall
decide or resolve the case or matter submitted thereto for
determination, without further delay.
• Alternative Dispute Resolution (ADR) methods
under the Republic Act 9285 or the Alternative
Dispute Resolution Act of 2004
- allows the use of the ADR methods in the
regular legal courts and other administrative agencies.
 THANK YOU
FOR
LISTENING 