interprets and applies the law in the name of the state. The Judiciary can also be thought of the mechanism for the resolution of disputes. Judicial Power rests with the Supreme court and the lower courts, as established by law ( Art.VIII, Sec. 1 of the 1987 constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art.VII Sec. 1 and 2) RULES AND PROCEDURES The rules of court of the Philippines, as amended and the rules and regulations issued by the Supreme Court, defined the rules and procedures of the Judiciary. This rules and regulations are in the form of administrative matters, administrative orders, circulars, memorandum circulars, memorandum orders, and OCA circulars. APPOINTMENTS TO THE JUDICIARY By virtue of Art.VIII, Sec. 8, appointments to the Judiciary are made by the president of the Philippines based on a list submitted by the Judicial and Bar council which is under the supervision of the Supreme Court SUPREME COURT (Kataas-taasang Hukuman ng Pilipinas) Is the highest court in the philippines. It is presided over by a chief justice and its compose of 15 justices, including the chief justice. Pursuant to the provisions of the 1987 constitution is composed of a Chief justice and 14 associate justices who serve until the age of 70. TYPES OF COURTS • LOWER COLLEGIATE COURTS Court of Appeals Court of Tax Appeals Sandiganbayan COURT OF APPEALS Second highest tribunal in the country, which was established on February 1,1936 by virtue of Commonwealth act no. 3. JURISDICTION OF COURT OF APPEALS Original Jurisdiction to issue writs of mandamus, prohibition, ceritorari, habeas corpus, and quo warranto, and auxiliary writs or processes, wether or not in aid of its appellate jurisdiction. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and Quasi-Judicial agencies, instrumentalities, boards or commision. The Court of Appeals is composed of one presiding justice and 68 associate justices, all of which are appointed by the president from a short list submitted by the Judicial and Bar Council. COURT OF TAX APPEALS Is the same level as the Court of Appeals, was created by virtue of Republic act. No. 1125, which was signed into law on June 16, 1954, its present-day form was constituted through RA 1125, as amended by RA no. 9282 and RA no. 9503. JURISDICTION OF COURT OF TAX APPEALS Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolve by them in the exercise of their original or appellate Jurisdiction. Decisions of the commissioner of customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation, or other matters arising under the Customs Law or other laws administered by the bureau of customs The CTA is composed of one presiding justice and 8 associate justices, all of which are appointed by the president from a short list submitted by the Judicial and Bar Council SANDIGANBAYAN To attain the highest norms of officials conduct among officials and employees in the government, the creation of a special graft court to be known as the Sandiganbayan was provided for in Art. XIII, Sec. 5 of the 1973 constitution QUALIFICATION TO BECOME A SANDIGANBAYAN A natural-born citizen of the Philippines Atleast 40 years of age Being a Judge of a court atleast 10 years Engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a prerequisite for atleast ten years Sandiganbayan Jurisdiction Violations of RA no. 3019 or the anti-graft and corrupt practices act, as amended, and chapter II, sec. 2, title VII, book II of the revised penal code, where one or more of the accused are officials occupying the following positions in the government whether permanent, acting or interim capacity, at the time of the commision of the offense REGULAR COURTS • Regional Trial Courts • Municipal Circuit Trial Courts REGIONAL TRIAL COURT (Pangrehiyong Hukuman sa Paglilitis) One of the highest Trial court in the Philippines Composition Method : Presidential appointment from the short list submitted by the Judicial and Bar Council MUNICIPAL CIRCUIT TRIAL COURT 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. MUSLIM COURTS
Sharia District Court
Sharia Circuit Courts SHARIA DISTRICT COURT Are courts where muslim can file the following cases: • Those which fall within the original Jurisdiction of Sharia District Courts (Art. 143, CMPL) • Those which fall within its concurrent Jurisdiction with existing civil courts SHARIA CIRCUIT COURTS Are courts where Muslims can find cases involving the following: Offenses defined and punished under PD 1083 Disputes relating to: Marriage Divorce Betrothal or Breach of contract to marry Deposition and distribution of property upon divorce Maintenance and support and consolatory gifts (MUT’A) Resitution of Martial rights • Disputes relative to communal properties FUNCTIONS OF JUDICIARY AND ITS IMPORTANCE To give justice to the people Interpretation and application of laws Role in law-making Equity Legislation Protection of Rights Guardian of the constitution Power to get its decisions and judgements enforced Special role in a Federation Running of the Judicial Administration Advisory Functions To conduct Judicial Inquires Miscellaneous Functions