Judicial power includes the duty of

the courts of justice to settle actual

controversies involving rights

PORTFOLIO
Final Notes which are legally demandable and

enforceable, and to determine

ARTICLE VIII whether or not there has been a

grave abuse of discretion

JUDICIAL
amounting to lack or excess of

DEPARTMENT
jurisdiction on the part of any

Ruth Sordilla

SECTION 1. The judicial power

BSED-SOCSTUD II

shall be vested in one Supreme

Court and in such lower courts as

may be established by law.

branch or instrumentality of the

SECTION 3. The Judiciary shall

Government.

enjoy fiscal autonomy.

SECTION 2. The Congress shall

Appropriations for the Judiciary

have the power to define,

may not be reduced by the

prescribe, and apportion the

legislature below the amount

jurisdiction of various courts but

appropriated for the previous year

may not deprive the Supreme

and, after approval, shall be

Court of its jurisdiction over cases

automatically and regularly

enumerated in Section 5 hereof.

released.

No law shall be passed

SECTION 4. (1) The Supreme

reorganizing the Judiciary when it

Court shall be composed of a

undermines the security of tenure

Chief Justice and fourteen

of its Members.
Associate Justices. It may sit en
banc or in its discretion, in constitutionality, application, or

divisions of three, five, or seven operation of presidential decrees,

Members. Any vacancy shall be proclamations, orders,

filled within ninety days from the instructions, ordinances, and other

occurrence thereof. regulations, shall be decided with

the concurrence of a majority of

(2) All cases involving the

the Members who actually took

constitutionality of a treaty,
part in the deliberations on the

international or executive
issues in the case and voted

agreement, or law, which shall be

thereon.

heard by the Supreme Court en

banc, and all other cases which (3) Cases or matters heard by a

under the Rules of Court are division shall be decided or

required to be heard en banc, resolved with the concurrence of a

including those involving the majority of the Members who

actually took part in the shall have the following powers:

deliberations on the issues in the

(1) Exercise original jurisdiction

case and voted thereon, and in no

over cases affecting ambassadors,

case, without the concurrence of at

other public ministers and consuls,

least three of such Members.

and over petitions for certiorari,

When the required number is not

prohibition, mandamus, quo

obtained, the case shall be decided

warranto, and habeas corpus.

en banc: Provided, that no doctrine

or principle of law laid down by

(2) Review, revise, reverse,

the court in a decision rendered en

modify, or affirm on appeal or

banc or in division may be

certiorari, as the law or the Rules

modified or reversed except by the

of Court may provide, final

court sitting en banc.

judgments and orders of lower

courts in:
SECTION 5. The Supreme Court
 jurisdiction of any lower court is

(a) All cases in which the

in issue.

constitutionality or validity of any

(d) All criminal cases in which the

treaty, international or executive

penalty imposed is reclusion

agreement, law, presidential

perpetua or higher.
decree, proclamation, order,

instruction, ordinance, or
(e) All cases in which only an
regulation is in question.
error or question of law is

involved.
(b) All cases involving the legality

of any tax, impost, assessment, or

(3) Assign temporarily judges of
toll, or any penalty imposed in
lower courts to other stations as
relation thereto.
public interest may require. Such

temporary assignment shall not

(c) All cases in which the
exceed six months without the provide a simplified and

consent of the judge concerned. inexpensive procedure for the

speedy disposition of cases, shall

(4) Order a change of venue or

be uniform for all courts of the

place of trial to avoid a

same grade, and shall not

miscarriage of justice.
diminish, increase, or modify

substantive rights. Rules of

(5) Promulgate rules concerning

procedure of special courts and

the protection and enforcement of

quasi-judicial bodies shall remain

constitutional rights, pleading,

effective unless disapproved by

practice, and procedure in all

the Supreme Court.

courts, the admission to the

practice of law, the Integrated Bar,

(6) Appoint all officials and

and legal assistance to the

employees of the Judiciary in

underprivileged. Such rules shall

accordance with the Civil Service
Law. been for fifteen years or more a

judge of a lower court or engaged

SECTION 6. The Supreme Court

in the practice of law in the

shall have administrative

Philippines.

supervision over all courts and the

personnel thereof. (2) The Congress shall prescribe

the qualifications of judges of

SECTION 7. (1) No person shall

lower courts, but no person may

be appointed Member of the

be appointed judge thereof unless

Supreme Court or any lower

he is a citizen of the Philippines

collegiate court unless he is a

and a member of the Philippine

natural-born citizen of the

Bar.

Philippines. A Member of the

Supreme Court must be at least (3) A Member of the Judiciary

forty years of age, and must have must be a person of proven

competence, integrity, probity, and sector.

independence.

(2) The regular Members of the

SECTION 8. (1) A Judicial and Council shall be appointed by the

Bar Council is hereby created President for a term of four years

under the supervision of the with the consent of the

Supreme Court composed of the Commission on Appointments. Of

Chief Justice as ex officio the Members first appointed, the

Chairman, the Secretary of Justice, representative of the Integrated

and a representative of the Bar shall serve for four years, the

Congress as ex officio Members, a professor of law for three years,

representative of the Integrated the retired Justice for two years,

Bar, a professor of law, a retired and the representative of the

Member of the Supreme Court, private sector for one year.

and a representative of the private

(3) The Clerk of the Supreme recommending appointees to the

Court shall be the Secretary ex Judiciary. It may exercise such

officio of the Council and shall other functions and duties as the

keep a record of its proceedings. Supreme Court may assign to it.

(4) The regular Members of the SECTION 9. The Members of the

Council shall receive such Supreme Court and judges of

emoluments as may be determined lower courts shall be appointed by

by the Supreme Court. The the President from a list of at least

Supreme Court shall provide in its three nominees prepared by the

annual budget the appropriations Judicial and Bar Council for every

for the Council. vacancy. Such appointments need

no confirmation.

(5) The Council shall have the

principal function of For the lower courts, the President

shall issue the appointments within during good behavior until they

ninety days from the submission reached the age of seventy years or

of the list. become incapacitated to discharge

the duties of their office. The

SECTION 10. The salary of the

Supreme Court en banc shall have

Chief Justice and of the Associate

the power to discipline judges of

Justices of the Supreme Court, and

lower courts, or order their

of judges of lower courts shall be

dismissal by a vote of a majority

fixed by law. During their

of the Members who actually took

continuance in office, their salary

part in the deliberations on the

shall not be decreased.

issues in the case and voted

thereon.
SECTION 11. The Members of the

Supreme Court and judges of

SECTION 12. The Members of

lower courts shall hold office

the Supreme Court and of other
courts established by law shall not attached to the record of the case

be designated to any agency and served upon the parties. Any

performing quasi-judicial or Member who took no part, or

administrative functions. dissented, or abstained from a

decision or resolution must state

SECTION 13. The conclusions of

the reason therefor. The same

the Supreme Court in any case

requirements shall be observed by

submitted to it for decision en

all lower collegiate courts.

banc or in division shall be

reached in consultation before the SECTION 14. No decision shall

case is assigned to a Member for be rendered by any court without

the writing of the opinion of the expressing therein clearly and

Court. A certification to this effect distinctly the facts and the law on

signed by the Chief Justice shall which it is based.

be issued and a copy thereof

No petition for review or motion for all other lower courts.

for reconsideration of a decision of

(2) A case or matter shall be

the court shall be refused due

deemed submitted for decision or

course or denied without stating

resolution upon the filing of the

the legal basis therefor.

last pending, brief, or

SECTION 15. (1) All cases or memorandum required by the

matters filed after the effectivity of Rules of Court or by the court

this Constitution must be decided itself.

or resolved within twenty-four

(3) Upon the expiration of the

months from date of submission

corresponding period, a
for the Supreme Court, and, unless

certification to this effect signed

reduced by the Supreme Court,

by the Chief Justice or the

twelve months for all lower

presiding judge shall forthwith be

collegiate courts, and three months
issued and a copy thereof attached determination, without further

to the record of the case or matter, delay.

and served upon the parties. The

SECTION 16. The Supreme Court

certification shall state why a

shall, within thirty days from the

decision or resolution has not been

opening of each regular session of

rendered or issued within said

the Congress, submit to the

period.

President and the Congress an

(4) Despite the expiration of the annual report on the operations

applicable mandatory period, the and activities of the Judiciary.

court, without prejudice to such

responsibility as may have been

PHILIPPINE COURT
incurred in consequence thereof, SYSTEM

shall decide or resolve the case or

 THE SUPREME
matter submitted thereto for COURT

The Supreme Court has both original
and appellate jurisdiction. It exercises
original jurisdiction (cases are directly
filed with the SC in the first instance
without passing through any of the
lower courts) over cases affecting
ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto,
and habeas corpus. (Art. VIII, §5(1)). It
also has original jurisdiction over writs
of amparo, habeas data and
environmental writ of kalikasan. It
exercises appellate jurisdiction
review, revise, reverse, modify, or affirm
final judgments, and orders of the lower
courts in:
a. All cases in which the
constitutionality or validity of
any treaty, international
executive agreement,
presidential decree,
proclamation, order, instruction,
ordinance, or regulation is in
question.
b. All cases involving the legality
of any tax, impost, assessment,
or toll, or any penalty imposed in
relation thereto.
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
the
or question of law is involved.
Supreme Court has administrative
to
supervision over all courts and court
personnel. (Article VIII, §6) It exercises
this power through the Office of the
Court Administrator.
COMPOSITION OF THE
or
law, SUPREME COURT
The Supreme Court shall be
composed of a Chief Justice and
fourteen Associate Justices. It may sit en
banc or, in its discretion, in divisions of
three, five, or seven members. (Art.
VIII, §4) Its members shall be appointed law, the integrated bar, and legal
by the President from a list of at least assistance to the underprivileged. Any
three nominees prepared by the Judicial such rules shall provide a simplified and
and Bar Council for every vacancy, inexpensive procedure for the speedy
without need of confirmation by the disposition of cases, shall be uniform for
Commission on Appointments. (Art. all courts of the same grade, and shall
VIII, §9) Members of the Supreme not diminish, increase, or modify
Court are required to have proven substantive rights. Rules of procedure of
competence, integrity, probity and special courts and quasi-judicial bodies
independence; they must be natural-born shall remain effective unless
citizens of the Philippines, at least forty disapproved by the Supreme Court. (Art.
years old, with at least fifteen years of VIII, §54(5))
experience as a judge of a lower court or
law practice in the country. (Art. VIII,
§7) Justices shall hold office during
good behavior until they reach the age of
seventy years, or become incapacitated
to discharge the duties of office. (Art. THE COURT OF
VIII, §11)

APPEALS
RULE-MAKING POWERS
The Court of Appeals was established
on February 1, 1936 by virtue of
The Supreme Court has the Commonwealth Act No. 3 and is
exclusive power to promulgate rules considered as the second highest tribunal
concerning the protection and in the country. It is composed of one
enforcement of constitutional rights, presiding justice and 68 associate
pleading, practice, and procedure in all justices, all of which are appointed by
courts, the admission to the practice of the President from a shortlist submitted
by the Judicial and Bar Council. The
associate justices shall have precedence
according to the dates (or order, in case
of similar appointment dates) of their
respective appointments. The
qualifications for the justices of the
Exclusive appellate jurisdiction over all
final judgements, resolutions, orders or
awards of Regional Trial Courts and
quasi-judicial agencies,
instrumentalities, boards or commission.
The Court of Appeals shall also have the

Supreme Court also apply to members power to try cases and conduct hearings,

of the Court of Appeals. receive evidence and perform acts

necessary to resolve factual issues raised
The Court of Appeals’ principal mandate in cases falling within its original and
is to exercise appellate jurisdiction on all appellate jurisdiction, including the
cases not falling within the original and power to grant and conduct new trials or
exclusive jurisdiction of the Supreme proceedings.
Court. Its decisions are final except
when appealed to the Supreme Court on
questions of law. The jurisdiction of the
 THE
Court of Appeals are as follows:

SANDIGANBAYAN
Original jurisdiction to issue writs of
mandamus, prohibitionto issue writs of
Both the 1973 and 1987 Constitution
mandamus, prohibition, certiorari,
contain provisions on the present anti-
habeas corpus, and quo warranto, and
graft court known as the Sandiganbayan.
auxiliary writs or processes, whether or
It has jurisdiction over criminal and civil
not in aid of its appellate jurisdiction;
cases involving graft and corrupt

Exclusive original jurisdiction over practices and such other offenses

actions for annulment of judgements of committed by public officers and

Regional Trial Courts; and employees, including those in

government-owned or controlled
corporations, in relation to their office as
may be determined by law. The (R.A. 1125). Its jurisdiction and
jurisdiction of the Sandiganbayan is composition have been increased with
perhaps one of the most often amended passage of several legislations. With the
provision from the 1973 Constitution to enactment of Republic Act (R.A.) No.
Republic Act (R.A.) No. 8249. Before 9282 on April 23, 2004, the CTA
R.A. No. 8249, jurisdiction of the became an appellate Court, equal in rank
Sandiganbayan was determined on the to the Court of Appeals. The
basis of the penalty imposable on the composition of the Court increased to
offense charged. Thereafter, it was six (6) Justices with one (1) Presiding
amended such that regardless of the Justice and five (5) Associate Justices.
penalty, so long as the offense charged
was committed by a public officer, the R.A. No. 9503 took effect on July 5,

Sandiganbayan was vested with 2008, which further enlarged the

jurisdiction. Under R.A. No. 8249, to organizational structure of the CTA. The

determine whether the Sandiganbayan CTA is now composed of one (1)

has jurisdiction, a person must look into Presiding Justice and eight (8) Associate

two (2) criteria, namely, the nature of the Justices. The CTA may sit en banc or in

offense and the salary grade of the three (3) divisions with each division

public official. consisting of three (3) Justices. A

decision of a division of the CTA may be
appealed to the CTA En Banc, and the
latter’s decision may further be appealed
by verified petition for certiorari to the

 THE COURT OF Supreme Court.

TAX APPEALS
The Court of Tax Appeals (CTA) was
created on June 16, 1954, through the THE SECOND
enactment of Republic Act No. 1125
 Courts (MCTC). The MeTCs are the
LEVEL COURTS
first level courts in the Metropolitan
Manila area. First level courts in cities
Regional Trial Courts are also known as outside Metropolitan Manila are referred
Second Level Courts, which were to as the MTCCs. The MTCs are first
established among the thirteen Judicial level courts that cover only one
regions in the Philippines consisting of municipality, whereas MCTCs cover
Regions I to XII and the National multiple municipalities.
Capital Region (NCR). There are as
many Regional Trial Courts in each
region as the law mandates. RTCs were
formerly called as the Court of First
Instance since the Spanish era. It was
only in the Judiciary Reorganization Act
of 1980 that its name was changed from
THE SHARI'A
being called the Court of First Instance
to Regional Trial Court.
DISTRICT &

CIRCUIT
THE FIRST
COURTS
LEVEL COURTS
Each city and municipality in the The Shari’a District Courts are
Philippines has its own trial court. These equivalent to the Regional Trial Courts
First Level Courts are more commonly in rank, which were established in
referred to as Metropolitan Trial Courts certain provinces in Mindanao where the
(MeTC), Municipal Trial Courts in Muslim Code on Personal Laws is being
Cities (MTCC), Municipal Trial Court enforced. On the other hand, the Shari’a
(MTC), and Municipal Circuit Trial Circuit Courts are the counterpart of the
Municipal Circuit Trial Courts
established in certain municipalities in
Mindanao.