Judicial Power: Learning Module IN Philippine Politics and Governance 11 QUARTER 2: Week 1-3

LEARNING MODULE
IN
PHILIPPINE POLITICS AND GOVERNANCE 11
QUARTER 2: Week 1-3
NAME:_________________________ SCORE:________
GRADE&SECTION:________________ DATE:_________
Content Standards: Demonstrate an understanding of elections and political and civil society and social
movements.
Performance Standards: Analyze the interactions between state and society.
MELCS: HUMSS_PG12IIA-a-1 Analyze the roles and responsibilities of the Philippine Judiciary
HUMSS_PG12IIA-b-2 Explain the roles and functions of Local Government Unit (LGU)
HUMSS_PG12-IIc-d-9 Analyze the Nature of Elections and Political parties in the Philippines
WEEK 1
Judicial Power
The power to decide on legal disputes is known as judicial power. Article VIII, Section 1 of the
1987 Constitution provides that “judicial power shall be vested in one Supreme Court and in
such other lower courts as may be established by law.” As provided in the same section, “it 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.” Hence, the central function of the judges is to adjudicate and interpret the law.
The judicial branch is one of the three independent, coequal, and coordinate branches of the
government. The independence of the Philippine judiciary is manifested in the following:
 Creation of the Judicial and Bar Council

 Expanded power of judicial review
 Fiscal autonomy of the judiciary
 Power to review proclamation of martial law and the suspension of the writ of habeas
corpus
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 Security of tenure of the judges
 The Supreme Court as judge in presidential elections
Structure, Organization, and Composition of the Judiciary
The present judiciary is comprised of regular courts tasked to administer justice. These are
organized into four, the first two being review courts and the last two being trial courts:
 Supreme Court
 Court of Appeals
 Regional Trial Courts
 Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and
Municipal Trial Courts in Cities
There are also special courts, which are tribunals that have limited jurisdiction over certain cases or
controversies. One example is the Shari’a Court, which has the powers similar to the regular courts
but the subjects over whom judicial powers are exercised are limited to Muslim Filipinos
(Pangalangan 2011). Another is the Court of Tax Appeals, which retains exclusive appellate
jurisdiction to review by appeal not only civil tax cases but also those that are criminal in nature.
Finally, the Sandiganbayan is a special court that has jurisdiction over civil cases (including graft,
corruption, and other offenses) committed by public officers and employees and those in
government-owned or government-controlled corporations.
The expanded judicial system of the Philippines also includes quasi-courts or quasi-judicial
agencies. These are bodies or agencies that exercise adjudicatory powers in certain types of
controversies. While judicial powers technically pertain to and are exercised only by courts,
agencies such as the Civil Service Commission, Commission on Elections, and Commission on
Audit also posses quasi-judicial powers (Pangalangan 2011).
The Supreme Court

The Supreme Court is also known as the court of last resort. It is composed of a chief justice and 14
associate justices.
Powers of the Supreme Court

according to Article VIII, Section 5 of the 1987 Constitution
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers
and 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:
1. 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.
2. All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
5. 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 six months without the consent of
the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights,

pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases,shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
Section 6 also provides that the Supreme Court shall have administrative supervision over all courts
and the personnel thereof.
The offices under the Supreme Court include the Judicial and Bar Council, the Office of the Court
Administrator, the Philippine Judicial Academy, and the Philippine Mediation Center.
Section 8 provides that “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 Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a representative of the private sector.”
The president shall appoint the members of the Judicial and Bar Council for a term of four
years with the consent of the Commission on Appointments. “Of the Members first appointed,
the representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year”
(Section 8, paragraph 2). Moreover, “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 8, paragraph 5).
Activity 1. Memorize the Powers of the Supreme Court according to Article VIII, Section 5 of
the 1987 Constitution. By following this script.
“The Supreme Court

The Supreme Court is also known as the court of last resort. It is composed of a chief justice and 14
associate justices.
Powers of the Supreme Court

according to Article VIII, Section 5 of the 1987 Constitution
Section 1. Exercise original jurisdiction over cases affecting ambassadors,
Section 2. Review, revise, reverse, modify, or affirm on appeal or certiorari

Section 3. Assign temporarily judges of lower courts to other stations as public interest
may require.
Section 4. Order a change of venue or place of trial to avoid a miscarriage of justice.
Section 5. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice.
Section 6. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
Activity 2. Create me.
1. Create a Venn Diagram and elaborate the roles and responsibilities of being a good leader
WEEK 2
The local government in the Philippines is divided into three levels: provinces and independent
cities, component cities and municipalities, and barangays, all of which are collectively known as local
government units (LGUs). In one area, above provinces and independent cities, is an autonomous region,
the Bangsamoro Autonomous Region in Muslim Mindanao. Below barangays in some cities and
municipalities are sitios and puroks. All of these, with the exception of sitios and puroks, elect their
own executives and legislatures. Sitios and puroks are often but not necessarily led by an elected barangay
councilor.
Provinces and independent cities are organized into national government regions but those are
administrative regions and not separately governed areas with their own elected governments.
According to the Constitution of the Philippines, the local governments "shall enjoy local autonomy", and
in which the Philippine president exercises "general supervision". Congress enacted the Local Government
Code of the Philippines in 1991 to "provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective mechanisms of recall, initiative,
and referendum, allocate among the different local government units their powers, responsibilities, and
resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers
and functions and duties of local officials, and all other matters relating to the organization and operation
of local units."[1] Local government units are under the control and supervision of the Department of the
Interior and Local Government.
LOCAL GOVERNMENT
The Constitution of the Philippines recognizes the importance of local governments. It provides as a policy
that "the State shall guarantee and promote the autonomy of the local government units -- especially the
barangays -- to ensure their fullest development as self-reliant communities."
Local governments constitute the foundation of the entire structure of the government. The acts of the
local government units affect the ordinary citizen more directly than those of the national government.
The average citizen has more and closer contacts with the local governments and their agencies than with
the national or provincial government, and is more concerned with the local affairs than with those of the
national or provincial in scope.
The President of the Philippines exercises supervision over the whole country. But for purposes of
administrative control, the Philippines is divided into units of different sizes -- known as political
subdivisions. These are provinces, municipalities, cities, and barangays. These political subdivisions enjoy
autonomy, especially in local affairs. But, they are also under the general supervision of the Chief
Executive, through the Secretary of the Department of Interior and Local Government (DILG). These local
governments are agencies of the national government in the matter of collection of taxes, law
enforcement, and other governmental functions, which may be delegated by the national government to
these local governments.
PROVINCES
The provincial government takes care of the functionso which affect the people of a certain province. The
province is the largest political unit in the Philippines. It possess the following powers --- 1) to acquire and
transfer real and personal properties, 2) to enter into contracts, including those incurring obligations,
which are expressly provided by law; and 3) to exercise such other rights and incur such other obligations
as are expressly auhtorized by law.
There are 77 provinces in the Philippines. They are classified according to their average income for five
consecutive years. The hiigher the income of the provice, the higher is its classification. The salaries that
can be paid to the provincial officials depend upon the class to which it belongs. Higher salaries are paid to
the officials of the higher-class provinces. A province elects its executives -- the governor, vice governor,
and the members of the provinciial board (vocales). There are three vocales in the first, second, and third
class provinces, and two in the other classes of provinces. The rest of the provincial officials -- like the
provincial treasurer, provincial assessor, district auditor, judges of the Regional Trial courts, provincial
fiscal, division superintendent of schools, district health officer, district engineer, and register of deeds --
are all appointed by the corresponding deparments of the national government. However, under the New
Local Government Code, they are the administrative control of the provincial governor. The election of the
governor, vice governor, and members of the provincial board takes place on the Second Tuesday of
November of the election year. They hold office for three years. They cannot serve for more than three
consecutive terms. The provincial governor exercises general supervisory powers over the entire province.
He also makes known to the people of his province all laws and orders of the government, especially those
which directly concern them and sees to it that they are faithfully carried out. He acquints himself with the
conditions of the municipalities comprising the province and advises local officials in matters affecting their
official work.
The provincial board is the law making body of the province, with the provincial governor serving as the
presiding officer. Some of its most important functions are as follows: a) it passes laws for the welfare of
the municipalites and cities within its jurisdiction; b) it prepares andapproves the provincial budget; c) it
appropriates money for provincialpurposes; d) it exercises the power of eminent domain; and e) it
provides for the maintenance of equipment and buildings for provincial purposes. The board holds a
regular weekly meeting upon a day fixed by it. Special meetings, however, may be called by the provincial
governor on any day.
MUNICIPALITIES
Each province is composed of municipalities commonly called towns. The municipality is a public
corporation created by an act of congress and is governed by the Municipality Law, which defines its duties
and powers. Being public corporations, municipalities can sue or be sued in court; enter into contracts;
acquire and hold real and personal properties for municipal purposes; and exercise such other powers as
are granted by law. Municipalities are classified according to their average annual income for the last four
fiscal years. There are 1,540 municipalities in the Philippines. They are autonomous units of government
and have elective and appointive officials. The elective officials are the municipal mayor, vice mayor, and
councilors. They are elected by the qualified voters for a term of three years. They cannot serve for more
than three consecutive terms. The appointive officials are the municipal secretary, treasurer, justice of the
peace, and chief of police. The municipal mayor is the chief executive officer of the town. His main
functions are: 1) to execute all laws and municipal ordinances; 2) to supervise the administration of the
town; 3) to issue orders relative to the maintenance of peace and order; 4) to preside over the meetings of
the municipal council; and 5) to recommend measures to the municipal council aimed at the improvement
of the social and economic conditions of the people. The municipal councils is the lawmaking body of the
town and is composed of the mayor -- who is the chairman of the council -- vice mayor, and the councilors.
The number of councilors for each municipality depends upon the class to which the municipality belongs.
Each councilor is in-charge of a village or barangay. Some of the more important mandatory powers of the
municipal council are the following: 1) to fix the salaries of all municipal offices and employees, except the
treasurer, teachers in the public schools, and staff of national government agencies assigne to the
municipality; 2) to provide for expenses necessary to carry out the functions of the municipality; 3) to
provide for buildings adequate for municipal uses, including school houses; 4) to provide for the levy and
collection of taxes, fees, and charges as sources of municipal revenue; and 5) to establish and maintain an
efficient police department and an adequate municipal jail.
CITIES
The chartered city is also a unit of local administration. It is created by a special law which serves as its
charter. The charter is the constitution of the city. The charter creates the city, defines its boundaries,
provides its system of government, and defines the powers and duties of its officials. A city or any of its
officials cannot perform any official act which is not permitted by its charter. The city elective officials are
the mayor, vice mayor, and the members of the board of councilors. They are elected for a term of three
years. They cannot serve for more than three consecutive terms. The mayor is the executive official of the
city, aided by the appointive heads of the various departments. The vice mayor is the presiding officer of
the board. And the city courts exercise judicial functions. The lawmaking body of the city is council. Among
its important functions are as folows: 1) to levy and collect taxes in accordance with law; 2) to enact
ordinances; 3) to provide for public workds constructions and for the maintenance of a local police force;
4) to establish fire zones within the city and to regulated the type of building which may be constructed
within each zone; and 5) to provide for the protection of the inhabitants from public calamities and to
provide relied in times of emergency. There are 67 chartered cities in the Philippines.
BARANGAYS
Each municipality or city is composed of a number of villages or barangays. The barangays are the smallest
units of local government in the Philippines. They are governed by the Barrio Charter. The elective officials
of the barangays are the Barangay Captain and the Barangay Councilors. As chief executive, the barangay
captain is its recognized leader. He enforces all the laws and ordinances applicable to his constituency. He
may organize fire brigades, preside over all meetings both of the barangay council and assembly, organize
groups of citizens to fight criminality and brigandage, and approve all payments from barangay funds. He
also sings all contacts in which the barangay is a party. There are 41, 945 barangays in the Philippines. They
are public corporations and so, they can sue and be sued in court; can enter into contracts, can acquire and
hold all kinds of property; and can exercise such powers or perform such acts as are provided by law.
Activity 1. Answer the following Question.

1. Give at least 5 roles and 5 Functions of our LGU’s.
2. If you would given a chance to become part of our LGU’s what contribution you can give to promote
peace?
Activity 2.
1. Paste a 3 different Pictures of your Tourism sites in your Barangay, Your Municipality,Your Province,
and explain it.
WEEK 3
Elections and Democracy
• Two features of democratic, representative political systems: • First, a system of free, fair, and
competitive elections and guarantees of basic civil and political rights. • Second, a system by which rulers
are held accountable for their public actions by citizens.
Activity 1. Answer the following question
1. What is the importance of having a just and prepared election in our country?
2. Can the quality of education background be considered in voting leaders of society?Why?
3. What are your preferences in choosing your best leader?
4. How can you identify a Good and Just Leader?
5. Do you consider yourself as a good leader?
Activity 2.
1. Create a Report and Explain the differences of the Voting system of Philippines year
2010-2021 present. Paste Pictures relevant from the changes every election.
“Therefore I say unto you, what things soever ye desire, when ye pray, believe that ye
receive them, and ye shall have them.”
Mark 11: 24
Prepared by:
ALELIE ANDAJER PINEDA, LPT
TEACHER
Noted By:
MENARD R. SIBAYAN,MaEd
PRINCIPAL

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LEARNING MODULE

 Creation of the Judicial and Bar Council

The Supreme Court

Powers of the Supreme Court

1. All cases in which the constitutionality or validity of any treaty, international or

3. All cases in which the jurisdiction of any lower court is in issue.

5. All cases in which only an error or question of law is involved.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning the protection and enforcement of constitutional rights,

“The Supreme Court

Powers of the Supreme Court

Section 1. Exercise original jurisdiction over cases affecting ambassadors,

Section 2. Review, revise, reverse, modify, or affirm on appeal or certiorari

Section 5. Promulgate rules concerning the protection and enforcement of

Activity 1. Answer the following Question.

Elections and Democracy

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