Philippine Politics and Governance: Functions of The Judicial Branch

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FUNCTIONS OF THE

JUDICIAL BRANCH
The legislature makes the law, while the
executive branch enforces it. On the other hand,
the judiciary or the judicial branch of the
government gives the official and legal
interpretation of the law. This to avoid any
confusion about the meaning or interpretation of
the law.
The judicial branch of the government is the
primary agency that handless matters concerning
the settlement of issues regarding the rights and
interpretation of law.
The power of the judiciary rests on the Supreme Court and the
lower courts, which include;

• The court of appeals


• Sandiganbayan
• Down to the Regional Trial Court
• The Metropolitan
• Municipal Trial Court
The 1987 Constitution defines judicial power as follows:

Judicial power 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.
Some of the functions the Supreme Court under the 1987 Constitution are as
follows;

1. The Supreme Court primarily handles the cases of ambassadors, other


public ministers, and consuls.
2. Review, affirm, reverse, or amend the decision of lower courts on certain
cases.
3. Appointments of judges, officials, and employees of the judiciary.
4. Create and disseminate rules and procedures.
 The Supreme Court is composed of a Chief Justice and
fourteen Associate Justices appointed by the president.

The Court of Appeals, the second highest tribunal or legal court


in the country, is composed of a Presiding Justice and sixty-nine
Associate Justices. It mainly receives, reviews, and resolves
appeals on decisions of Regional Trial Courts.
The Court of Tax Appeals, on the other hand, focuses on
reviewing and resolving appeals of decisions from the
commissioner of Department of Finance, Department of Trade
and Industry, and the other legal courts concerning cases
related to tax, tariffs, and other monetary obligations to the
government.
The Court of Tax Appeals is composed of one Presiding Justice
and five Associate Justices.
The Sandiganbayan has the following mandate:

SEC.5. The Batasang Pambansa shall create a special


court, to be known as Sandiganbayan, which shall have
jurisdiction over criminal and civil cases involving graft and
corrupt practices.
SEC.4. The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
(Art. XI,1987 Constitution)
Lower courts such as city and municipal courts have original
jurisdiction over cases such as, but not limited to, violations
of municipal ordinances, gambling, assault, trespassing, and
illegal possessions of firearms(Ramirez 1969).
In order to further maintain objectivity in the system, the judicial
branch sometimes transfers one judge or even cases from one city
to another (Defensor-Santiago 2002).

Section 15, Article VIII of the 1987 Constitution provided a timetable


for the resolution of the cases brought to the judiciary: 2 years for
the Supreme Court, 1 year for the lower collegiate courts, and the 3
months for all other lower courts.
Section 15 [4] further goes on to say that:

Despite the expiration of the applicable mandatory


period, the court, without prejudice to such responsibility as
many have been incurred in consequences thereof, shall
decide or resolve the case or matter submitted thereto for
determination, without further delay.
THANK YOU!!

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