Philippine

Politics and
Governance
Have you ever wondered
how a conflict between
two individuals solved?
How is justice served
when an individual
violated a law?
Where can people ask for
help when the
government commits
violation of citizens’
rights?
The Judiciary
 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.”
 Judicial Power
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.”
 Judicial Power
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
 Judicial Power
• Power to review proclamation of martial law
and the suspension of the writ of habeas
corpus
• 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:
 Structure, Organization, and
Composition of the Judiciary
1. Supreme Court
2. Court of Appeals
3. Regional Trial Courts
4. Metropolitan Trial Courts, Municipal Trial
Courts, Municipal Circuit Trial Courts, and
Municipal Trial Courts in Cities
 Structure, Organization, and
Composition of the Judiciary
There are also special courts, which are tribunals
that have limited jurisdiction over certain cases or
controversies:
 Structure, Organization, and
Composition of the Judiciary
1. Shari’a Court - has the powers similar to the
regular courts but the subjects over whom
judicial powers are exercised are limited to
Muslim Filipinos.
 Structure, Organization, and
Composition of the Judiciary
2. Court of Tax Appeals - retains exclusive
appellate jurisdiction to review by appeal the
tax cases.
 Structure, Organization, and
Composition of the Judiciary
3. 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.
• Civil Service Commission
• Commission on Elections
• Commission on Audit
 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.
 Chief Justice
Alexander G. Gesmundo
 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.
 Maria Lourdes A. Sereno
She was removed from office in 2018 by
way of an 8–6 decision by the Supreme
Court over a quo warranto petition,
rendering her appointment as chief
justice null and void.
 Powers of the Supreme Court
according to Article VIII, Section 5 of
the 1987 Constitution
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.
 Powers of the Supreme Court
according to Article VIII, Section 5 of
the 1987 Constitution
3. Assign temporarily judges of lower courts to
other stations as public interest may require.
 Powers of the Supreme Court
according to Article VIII, Section 5 of
the 1987 Constitution
4. Order a change of venue or place of trial to
avoid a miscarriage of justice.
 Powers of the Supreme Court
according to Article VIII, Section 5 of
the 1987 Constitution
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 under-privileged.
 Powers of the Supreme Court
according to Article VIII, Section 5 of
the 1987 Constitution
6. Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
The following are the qualifications of the members of
the Supreme Court as provided by Article VIII, Section 7,
paragraph 1:
• Natural-born Filipino citizen
• At least 40 years old
•
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
• Must have been for 15 years or more a judge of a
lower court or engaged in the practice of law in the
Philippines
• Of proven competence, integrity, and probity
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
The Members of the Supreme Court and judges
of the lower courts shall be appointed by the President
from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
For the lower courts, the President shall issue the
appointments within ninety (90) days from the
submission of the list.
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
Just like the president and vice president, the
justices of the Supreme Court may be removed from
office through impeachment (Article XI, Section 2).
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
The members of the Supreme Court and the judges of
lower courts shall hold office in good behavior until they
reach 70 years old, or become incapacitated to fulfill
their duties. The authority to discipline judges of lower
courts is vested in the Supreme Court en banc.
 Qualifications, Term of Office,
Appointment, and Removal of the
Members of Judiciary
The members of the Supreme Court and of other courts
are prohibited from being designated to any agency
which performs quasi-judicial or administrative
functions.
 Connect and Reflect
Answer these questions in a ½ sheet of paper
to be submitted next meeting.
1. What are the usual conflicts or
disputes that happen in your
family?
2. How are these settled in your
family?