the philippine judicial(sept 25)

-qualifications & appointments of justice & judges

-role & functions of courts & judges
-the philippine system of judicial trial
-weaknesses of the philippine justice system
wla ku ntapus copy ang number 2

make two-pages commentary on how effective congress is in

alleviating the cumbersome in the phil society in terms of:
-economical condition
-political condition
-social condition
-spiritual and moral condition

QUALIFICATIONS OF JUSTICE AND JUDGES

CONSTITUTIONAL AND STATUTORY QUALIFICATIONS
FOR APPOINTMENT

SECTION 1. Qualifications applicable to all Members of the Judiciary and

the Ombudsman and his deputies.- (a) No person may be appointed
Member of the Supreme Court or any lower collegiate court or as
Ombudsman or deputy Ombudsman unless he is a natural-born citizen of
the Philippines (CONST. Art. VIII, Section 7, par. 1; Id., Art. XI, Section 8).
(b) No person may be appointed judge of any court lower than a
collegiate court unless he is a citizen of the Philippines (CONST. Art. VIII,
Section 7, par. 2).
(c) A Member of the Judiciary must be of proven competence, integrity,
probity and independence (id., id., par. 3) and a member of the
Philippine Bar (id., id., par. 2).
SEC. 2. Additional qualifications for Members of the Supreme Court. - No
person shall be appointed Member of the Supreme Court unless he is at
least forty years of age and must have been for fifteen years or more a
judge of a lower court or engaged in the practice of law in the
Philippines. (id., id., par 1).
SEC. 3. Additional qualifications of Members of the Court of Appeals.
- No person shall be appointed as Member of the Court of Appeals unless
he possesses the same qualifications as those prescribed for Members of
the Supreme Court. (B.P. Blg. 129, Section 7).
SEC. 4. Additional qualifications of Members of the Sandiganbayan. - No
person shall be appointed as Member of the Sandiganbayan unless he is at
least forty years of age and for at least ten years has been a judge of a
court of record or has been engaged in the practice of law in the

Philippines or has held office requiring admission to the bar as a prerequisite for a like period. (P.D. 1606, as amended, Section 1).
SEC. 5. Additional qualifications of Ombudsman and his deputies. -The
Ombudsman and his deputies must be, at the time of their appointment,
at least forty years old, of recognized probity and independence, a
member of the Philippine Bar, must have been for ten years a judge or
engaged in the practice of law in the Philippines, and must not have been
a candidate for any elective office in the immediately preceding election
(CONST. Art. XI, Section 8).
SEC. 6. Additional qualifications of Judges of the Court of Tax
Appeals. Judges of the Court of Tax Appeals shall have the same
qualifications as Members of the Supreme Court (R.A. No. 1125, Section
1, in relation to C.A. No. 103, Section 1).
SEC. 7. Additional qualifications of judges of the Regional Trial Courts.
- No person shall be appointed Judge of the Regional Trial Court unless he
is at least thirty-five years of age, and, for at least ten years, has been
engaged in the practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the practice of law as an
indispensable requisite. (B.P. Blg. 129, Section 15).
SEC. 8. Additional qualifications of judges of courts of the first level.
- No person shall be appointed judge of courts of the first level
(Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court, Municipal Circuit Trial Court) unless he is at least thirty years of
age, and, for at least five years, has been engaged in the practice of law
in the Philippines, or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite. (B.P. Blg.
129, Section 26).
SEC. 9. Additional qualifications of judges of Shari'a courts. - In addition
to the qualifications for Members of Regional Trial Courts, a judge of the
Shari'a district court must be learned in the Islamic Law and
Jurisprudence. (P.D. No. 1083, Article 140).
No person shall be appointed judge of the Shari'a Circuit Court unless he
is at least twenty-five years of age, and has passed an examination in the
Shari'a and Islamic Jurisprudence to be given by the Supreme Court for

admission to special membership in the Philippine Bar to practice in the

Shari'a courts. (id., Article 152).

APPOINTMENT OF JUSTICE AND JUDGES

The president shall choose from among those nominated, before the president may ask the Council
to nominate somebody else and add it to the list, but this not allowed anymore. The person then
chosen by the president then becomes a member of the Judiciary, and is not anymore reviewed by
the Commission on Appointments. This is to prevent politicking and horse-trading among political
parties.
Prior to the creation of the JBC, judges and justices were appointed by the president as per and the
1973 constitution, and with confirmation by the Commission on Appointments as per the 1935
constitution.
Former Chief Justice Artemio Panganiban said that the Council's principal objective is to attract the
best and brightest to the judiciary and to make them remain there.

CURRENT JUSTICES

Name

Maria Lourdes
P.A. Sereno
(Chief Justice)

Born

Alma Mater

July 2,

University of

1960

the Philippines

(Age 54)

College of Law

Date of

Date of

Appointing

Appointment

Retirement

President

August 13, 2010

August 25,
2012(as a Chief
Justice)

July 2, 2030

Benigno
Aquino III

Name

Born

Alma Mater

Date of

Date of

Appointing

Appointment

Retirement

President

October 26,
Antonio T.

1949

University of

Carpio

(Age 64)

the Philippines October 26, 2001

(Senior Associate

in Davao

College of Law

Justice)

Velasco, Jr.

Teresita De
Castro

1948
(Age 66)
in Pasay

the Philippines

(Age 65)

College of Law

in Manila
March 27,
1952
(Age 62)

Arroyo

December 3,

October 8,

2007

2018

Ateneo de
Manila Law

March 17, 2008

School

Santo Tomas
Faculty of Civil

2016

January 14, 2009

March 27,
2022

Law

Lucas P.

1949

the East

Bersamin

(Age 64)

College of Law

July 29,

Ateneo de

Mariano C. del 1949

December 29,

University of

October 18, University of

Martin

Arroyo

August 8, 2018 Macapagal-

College of Law

1948

Arturo D. Brion (Age 67)

Castillo

Macapagal-

Gloria

the Philippines March 31, 2006

University of

29, 1946

Peralta

University of

October 8,

December

Diosdado M.

2019

Gloria

City
August 8,

Presbitero J.

October 26,

Manila Law

April 3, 2009

October 18,
2019

Gloria
MacapagalArroyo
Gloria
MacapagalArroyo

Gloria
MacapagalArroyo
Gloria
MacapagalArroyo
Gloria

July 29, 2009

(Age 65)

School

April 14,

Manuel L.

November 6,

1946

Quezon

2009

(Age 68)

University

July 29, 2019

MacapagalArroyo

April 14, 2016

Gloria
MacapagalArroyo

Name

Born

Alma Mater

December

University of

14, 1946

the Philippines

(Age 67)

College of Law

Date of

Date of

Appointing

Appointment

Retirement

President

Villarama, Jr.

Jose P. Perez

August 13,
Jose C.
Mendoza

1947
(Age 67)
July 6,

Bienvenido L.
Reyes

Estela PerlasBernabe

1947
(Age 67)

San Beda
College of Law

San Beda
College of Law

May 14,

Ateneo de

1952

Manila Law

(Age 62)

School

December

University of

29, 1962

the Philippines

(Age 51)

College of Law

December 26,

December 14,

2009

2016

January 4, 2010

August 20, 2011

September 16,
2011

August 13,
2017

July 6, 2017

May 14, 2022

Gloria
MacapagalArroyo
Gloria
MacapagalArroyo

Benigno
Aquino III

Benigno
Aquino III

November 21,

December 29, Benigno

2012

2032

Aquino III

Marvic Mario
Victor F. Leonen
September University of
Francis H.

26, 1949

the Philippines August 19, 2014

Jardeleza

(Age 64)

College of Law

September 26, Benigno

2019

Aquino III

ROLE AND FUNCTION OF COURT AND JUDGES

-

The powers of the Supreme Court are defined in Article VIII of the 1987 Constitution. These
functions may be generally divided into two judicial functions and administrative functions.
The administrative functions of the Court pertain to the supervision and control over the
Philippine judiciary and its employees, as well as over members of the Philippine bar.
Pursuant to these functions, the Court is empowered to order a change of venue of trial in
order to avoid a miscarriage of justice and to appoint all officials and employees of the
judiciary.[11] The Court is further authorized to promulgate the rules for admission to the
practice of law, for legal assistance to the underprivileged, and the procedural rules to be
observed in all courts.

THE PHILIPPINE SYSTEM OF JUDICIAL TRIAL

BRIEF BACKGROUND

The

Constitution

The Constitution of the Philippines

ordains that judicial power shall
be vested in one Supreme Court
and such lower courts as may be
established by law. [Section 1, Art.
VIII,

The

1987

Constitution).

Law

Under Philippine laws [Judiciary

Reorganization Act of 1980 (Batas
Pambansa Bilang 129) which took
effect on January 18, 1983 and
other laws] the Philippine judicial

system consists of the following

courts:
chanroblesvirtuallawlibrary

Lower

Courts

I. Municipal Trial Courts and

Municipal Circuit Trial Courts
Every
municipality
in
the
Philippines has its own Municipal
Trial Court. It is referred to as
such if it covers only one
municipality; otherwise,
it is
called Municipal Circuit Trial Court
if
it
covers
two
or
more
municipalities.
II. Metropolitan Trial Courts
and Municipal Trial Courts in
Cities
Municipal Trial Courts in the towns
and cities in the Metropolitan
Manila area, as distinguished from
the other political subdivisions in
the Philippines, are referred to as
Metropolitan
Trial
Courts.
In cities outside Metropolitan
Manila, the equivalent of the
Municipal Trial Courts are referred
to as Municipal Trial Courts in
Cities.
III.

Regional

Trial

Courts

Regional
Trial
Courts
were
established among the thirteen
regions
in
the
Philippines
consisting of Regions I to XII and
the National Capital Region (NCR).
There are as many Regional Trial
Courts in each region as the law

mandates.
IV.

Shari'a

Courts

Equivalent to the Regional Trial

Courts in rank are the Shari'a
District
Courts
which
were
established in certain specified
provinces in Mindanao where the
Muslim Code on Personal Laws is
being
enforced.
Equivalent to the Municipal Circuit
Trial Courts are the Shari'a Circuit
Courts which were established in
certain
municipalities
in
Mindanao.
There are five Shari'a District
Courts and fifty one Shari'a Circuit
Courts
in
existence.
V.

Court

of

Tax

Appeals

A special court, the Court of Tax

Appeals, composed of a Presiding
Judge and two Associate Judges,
is vested with the exclusive
appellate jurisdiction over appeals
from
the
decisions
of
the
Commissioner of Internal Revenue
and the Commissioner of Customs
on certain specific issues.
VI.

Sandiganbayan

A
special
court,
the
Sandiganbayan, composed of a
Presiding
Justice
and
eight
Associate Justices, has exclusive
jurisdiction over violations of the
Anti-Graft and Corrupt Practices
Act [Republic Act No. 3019], the

Unexplained Wealth Act [Republic

Act No. 1379] and other crimes or
felonies committed by public
officials and employees in relation
to their office, including those
employees in government-owned
or
controlled
corporations.
VII.

Court

of

Appeals

The Court of Appeals, composed

of one Presiding Justice and sixty
eight Associate Justices is vested
with jurisdiction over appeals from
the decisions of the Regional Trial
Courts and certain quasi-judicial
agencies,
boards
or
commissions.
The Highest Court - Supreme
Court
The Supreme Court is the highest
Court in the Philippines. There is
only
one
Supreme
Court
composed of one Chief Justice and
fourteen Associate Justices. It is
the final arbiter of any and all
judicial issues. When so deciding,
it may sit en banc or in divisions
of
three,
five
or
seven
members.

PHILIPPINE JUDICIAL SYSTEM

Background on the Philippine Judicial System
Philippine Judicial Hierarchy
Regular Courts

Special Courts
Collegiate Courts
Lower Courts
The Supreme Court
The Court of Appeals
Sandiganbayan
Court of Tax Appeals
Regional Trial Courts
Shari'a District Courts
Shari'a Circuit Courts
Municipal Trial Courts
Metropolitan Trial Courts
Municipal Circuit Trial Courts
Municipal Trial Courts in Cities
Constitutional Provisions on the Judiciary
Rules of Court of the Philippines
Supreme Court Decisions
Supreme Court Circulars
Philippine Law Update: The Supreme Court & the Judiciary
2006 DIRECTORY OF JUSTICES AND JUDGES
of the following courts:
chanroblesvirtuallawlibrary

PHILIPPINE JUDICIAL SYSTEM

DIRECTORY OF JUSTICES AND JUDGES
Supreme Court
Court of Appeals
Sandiganbayan
Court of Tax Appeals
Regional Trial Courts
Metropolitan Trial Courts in Cities
Municipal Trial Courts/Municipal Circuit Courts
Shari'a District Courts
Shari'a Circuit Courts