What is the relationship of the 3 branches

of the Philippine Government as shown in

the graphic organizer?
What are the issues or cases
that are attributed to the
personalities in the pictures
shown?
GUIDE QUESTIONS:

1. What is judicial power.

2. What are the activities of the supreme
court?
3. Discuss the scope of judicial power.
4. What are the qualifications of the
Supreme Court justice?
5. How is the tenure of office of the
members of Supreme Court?
6. What are the power of the Supreme
Court?
GUIDE QUESTIONS:

6. How is the process of rendering court

decisions?
7. What are the special courts and its
functions?
ARTICLE VIII – The Judicial
Department
The Judicial Branch of the Philippines
SECTION 1
Judicial power will be vested in the Supreme Court
and all lower courts.

 Supreme Court – is the highest court in the land. The

final arbiter of controversies and disputes brought by the
parties to the courts of law.
 Judicial Power – The power to apply the laws to contests
or disputes concerning legally recognized rights and duties
between the state and private persons, or to individual
litigants in cases properly brought before judicial tribunals.

Entails two activities:

1. Settling legal controversies
2. Determining whether there has been grave abuse of
discretion amounting to lack or excess of jurisdiction by
any branch of government
Scope of Judicial Power

• Adjudicating Power – The power to settle

legal disputes.
• Power of Judicial Review – Refers to the
power of the Supreme Court to interpret and
make judgments with respect to the law.
• Incidental Powers – Powers necessary for
the discharge of the judicial function.
3 Kinds of Courts in the Country:

1. Supreme Court – The highest court in the

land.
2. Regular Court – Appellate Court, Regional
Trial Court, etc.
3. Quasi-Judicial Bodies – National Labor
Relations Commission (NLRC), SEC, etc.

Note: Each court has its own jurisdiction.

Supreme Court of the Philippines
Composition of Supreme Court:
 One Chief Justice
 Fourteen Associate Justices

QUALIFICATIONS:

A. Justices of the Supreme Court

 Must be a natural born citizen of the
Philippines
 At least 40 years old
QUALIFICATIONS:

A. Justices of the Supreme Court

 15 years or more as a judge of a lower court

or engaged in the practice of law in the
Philippines.
 Must be a person of proven competence,
integrity, probity, and independence.
QUALIFICATIONS:

B. Justices of the Lower Court

 A citizen of the Philippines

 A member of the Philippine Bar
 Must be a person of proven competence,
integrity, probity, and independence.
TENURE OF OFFICE:
• Members of the SC and judges of the
lower courts shall enjoy their office
during good behavior.
• Members of the SC shall enjoy the
position until they are removed in the
long and complicated process of
impeachment
• Hold office until they reached 70 years
or become incapacitated.
• Until dismissed by the SC for a probable
cause.
POWERS OF THE SUPREME COURT:
1. Cases involving ambassadors and public
ministers.
• Certiorari – individual action; a writ
issued by a superior requiring a lower
court or a board of officer exercising
judicial function to transmit records of the
case to the higher tribunal for purposes of
review.
• Prohibition – A written order by which
superior court commands a lower court or
a corporation, board, or a person to desist
from further proceedings in action or
matter.
POWERS OF THE SUPREME COURT:
• Mandamus – an order issued by a high
court commanding a lower court or a
corporation board, or person to perform
certain act, which is its duty to do so. It
orders a compliance or performance of an
act.
• Quo warranto – an action by the
government to recover an office or
franchise from an individual or
corporation usurping an unlawfully
holding it.
POWERS OF THE SUPREME COURT:
2. Review judgments of lower courts.
Cases involving constitutionality,
legality of any tax, reclusion perpetua,
and errors on questions of law
3. Assignment of judges to the lower
courts.
4. Order a change of venue for a trial
5. Promulgate rule of court
6. Appoint officials of the judiciary and
hire employees for the judicial branch
Judicial and Bar Council (JBC) - tasked to
nominate appointee to the Judiciary.

Composition of JBC:
• Chief Justice
• Secretary of Justice
• Representative from Congress
• Integrated Bar of the Philippines (IBP)
Representative
• Professor of Law
• Private Sector Representative
Process in Rendering Court Decisions:

 Once a decision is reached, an SC Justice

is assigned to write an opinion.
 The opinion is certified by the Chief
Justice and served on the parties
concerned.
 Dissentions and abstentions must be
explained
 The view must explain facts of law..
Why Do Supreme Court Justices Write
Dissenting Opinions?

• First of all, judges want to make sure that

the reason why they disagreed with the
majority opinion of a court case is
recorded. Further, publishing a dissenting
opinion can help make the writer of the
majority opinion clarify their position.
• Secondly, a justice might write a
dissenting opinion in order to affect future
judgments in cases about situations
similar to the case in question.
Why Do Supreme Court Justices Write
Dissenting Opinions?

• A third reason why a justice might write a

dissenting opinion is in the hope that,
through their words, they can get
Congress to push forward legislation to
correct what they see as issues with the
way the law is written.
Why Do Supreme Court Justices Write
Dissenting Opinions?

• A third reason why a justice might write a

dissenting opinion is in the hope that,
through their words, they can get
Congress to push forward legislation to
correct what they see as issues with the
way the law is written.
Special Courts:

• Court of Tax Appeal. It has exclusive

jurisdiction over tax appealed by private
citizens and commercial firms who protect
the amount of taxes imposed.
Court of Tax Appeals
Sandiganbayan – the peoples
advocate
• The Sandiganbayan is a special court which was
established under Presidential Decree No. 1606.
Its rank is equivalent to the
Court of Appeals.
• The SB or Sandiganbayan tries and decides criminal
and civil cases against government officials and
employees accused of graft and corruption and similar
other cases.

• The Sandiganbayan shall sit in five (5) divisions of

three justices each. The five (5) may sit at the same
time. The first three divisions shall be stationed in
the Metro Manila area, the fourth division shall be in
Cebu City for cases coming from the Visayas region,
and the fifth division shall be in Cagayan de Oro City
for cases coming from the Mindanao region.
 Court of Tax Appeals - Hukuman ng
Paghahabol sa Buwis ng Pilipinas
• is the special court of limited jurisdiction, and has the
same level with the Court of Appeals. The court
consists of 8 Associate Justices and 1 Presiding Justice.
• Previously, only decision, judgment, ruling or inaction of
the Commissioner of Internal Revenue, the Commissioner
of Customs, the Secretary of Finance, the Secretary of
Trade and Industry, or the Secretary of Agriculture,
involving the National Internal Revenue Code and the
Tariff and Customs Code on civil matters are appeallable
to the Court of Tax Appeals.
• The expanded jurisdiction transferred to the CTA the
jurisdiction of the Regional Trial Courts and the Court of
Appeals over matters involving criminal violation and
collection of revenues under the National Internal
Revenue Code and Tariff and Customs Code. In addition,
it also acquired jurisdiction over cases involving local and
real property taxes which used to be with the Regional
Trial Court and the Court of Appeals.
Sandiganbayan
Special Courts:

• Sandiganbayan. It decides cases

involving graft and corruption by
government and employee.
Sandiganbayan – the peoples
advocate
• THE OMBUDSMAN ACT OF 1989Republic Act
No. 6770
• Philippine Laws Against Graft and
Corruption

• Sec. 2. Declaration of Policy. - The State shall

maintain honesty and integrity in the public service
and take positive and effective measures against
graft and corruption.
• Public office is a public trust and must at all times
be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, efficiency,
act with patriotism and justice and lead modest
lives.
Special Courts:

• Ombudsman. It investigates cases of

graft and corruption. Otherwise known as
Tanod-bayan.
Ombudsman
Identification:
1. It is the highest court of the land.
2. The power of Judiciary to settle legal
disputes.
3. What kind of court does RTC belongs?
4. How many associate justices comprise
the SC.
5. What body is tasked to nominate
appointee to the Judiciary
6. What special court is responsible for
investigating cases of graft and
corruption?
Identification:
7. What petition granted by SC to
recover an office or franchise from an
individual or corporation usurping an
unlawfully holding it?
8. Powers necessary for the discharge
of the judicial function.
9. What special court is tasked to
decide cases involving graft and
corruption by government and
employee.
Identification:
10. Petitions for cases involving
ambassadors and ministers issued by SC
ordering lower courts or individuals to
comply or perform a certain act.
True or False:
1. The judges of the lower court is not
necessarily a natural-born as long as a
Filipino citizen
2. The members of the SC has no limit in
their office as long as they are in good
behaviour.
3. The Chief justice cannot be removed
from office by the congress.
4. In rendering SC court decision, the
judges are not required to write
opinions even if they abstain.
True or False:
5. The lower court decision is final and
cannot be revoked by SC at
anytime.
6. The judge can still hold office more
than even he/she is more than 70 years
old as long as he is capable to perform
judicial function.
7. The main activity of the Judiciary is to
settle legal disputes and determine the
whether use there is abuse of power
and discretion by any branch of the
True or False:
8. The Supreme court is the sole authority
to assign judges to the lower courts
9. You cannot become a judge in the SC if
you did not for 20 years as judge in the
lower court.
10. All members of the court are
appointees of Judicial Bar Council
(JBC).
Regional Trial Courts
Regional Trial Courts were established among the
thirteen regions in the Philippines consisting of Regions I
to XII and the National Capital Region (NCR). There are
as many Regional Trial Courts in each region as the law
mandates. Regional Trial Courts shall exercise exclusive
original jurisdiction in all criminal cases not within the
exclusive jurisdiction of any court, tribunal or body, except
those now falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan which shall hereafter be
exclusively taken cognizance of by the latter. RTC
Criminal Courts typically try cases of serious crimes like
murder and robbery, as opposed to petty crimes, which
reduce the burden of court cases.
 MUNICIPAL TRIAL COURTS
• PROCEDURE IN THE MUNICIPAL TRIAL COURTS[CRIMINAL]
RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS
• Section 1. Uniform Procedure.
• The procedure to be observed in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts shall be the
same as in the Regional Trial Courts, except (a) where a particular
provision expressly or impliedly applies only to either of said courts;
and (b) in criminal cases governed by the Rule on Summary
Procedure in Special Cases adopted on August 1, 1983, namely, (1)
Violations of traffic laws, rules and regulations; (2) Violations of the
rental law; (3) Violations of municipal or city ordinances; and (4) All
other criminal cases where the penalty prescribed by law for the
offense charged does not exceed six months imprisonment, or a
fine of one thousand pesos (P1,000.00) or both irrespective of other
imposable penalties, accessory or otherwise, or of the civil liability
arising therefrom; Provided, however, that in offenses involving
damage to property through criminal negligence, said Rule shall
govern where the imposable fine does not exceed ten thousand
pesos (P10,0000.00).
MUNICIPAL TRIAL COURTS
• 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.
Court of Appeals
Metropolitan Trial Court
• Municipal Trial Courts in the towns and cities
in the Metropolitan Manila area, as
distinguished from the other political
subdivisions in the Philippines, are referred to
as Metropolitan Trial Courts.

In cities outside Metropolitan Manila, the

equivalent of the Municipal Trial Courts are
referred to as Municipal Trial Courts in
Cities.
Municipal Circuit Trial Courts
• Municipal Circuit Trial Courts are
judicial courts of the Philippine Judicial
Sytem which covers two or more
municipalities in the country. 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.
Shari’a District
Courts
and
Shari’a Circuit
Courts

www.muslimmindanao.ph
Shari’a District Courts
• Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts
which were established in certain specified provinces in Mindanao where
the Code of Muslim Personal Laws of the Philippines is being
enforced. There are five Shari'a District Courts and fifty one Shari'a Circuit
Courts in existence.
A Shari'a District Court is of limited jurisdiction. It was created under
Presidential Decree No. 1083. Cases falling within the exclusive jurisdiction
of the Shari'a District Courts primarily pertain to family rights and duties as
well as contractual relations of Filipino Muslims in the Mindanao.

• The Shari'a District Court has appellate jurisdiction over all cases tried in the
Shari'a Circuit Courts within their territorial jurisdiction.
It shall decide every case on the basis of the evidence and the records
transmitted as well as such memoranda, briefs or oral arguments as the
parties may submit.
The decisions of the Shari'a District Courts, whether on appeal from
the Shari'a Circuit Courts or not, shall be final. The Supreme Court shall,
however, continue to exercise original and appellate jurisdiction over certain
issues as provided by the Constitution.
THE SHARI'A CIRCUIT COURTS
• Equivalent to the Municial Circuit Trial Courts are the Shari'a Circuit Courts which
were established in certain municipalities in Mindanao where the Code of Muslim
Personal Laws of the Philippines is being enforced.
There are five Shari'a Circuit Courts and fifty one Shari'a Circuit Courts in existence.
A Shari'a Circuit Court has original jurisdiction over the following:

• 1. All cases involving offenses defined and punished under Presidential Decree No.
1083;
2. All civil actions and proceedings between parties who are Muslims or have been
married in accordance with Article 13 of Presidential Decree No. 1083 involving
disputes relating to:
• a. Marriage;
b. Divorce recognized under Presidential Decree No. 1083;
c. Betrothal or breach of contract to marry;
d. Customary dowry (mahr);
e. Disposition and distribution of property upon divorce;
f. Maintenance and support, and concolotary gifts(mut'a); and
g. Restitution of marital rights.
• 3. All cases involving disputes relative to communal properties.
APPOINTMENTS TO THE JUDICIARY

• Under the present Constitution, appointments to the

judiciary are made by the President of the Philippines
on the basis of a list submitted by the Judicial and Bar
Council (by virtue of Art. VIII, Sec. 8). The JBC is
under the supervision of the Supreme Court. Its
principal function is to screen prospective appointees
to any judicial post. The Judicial and Bar Council
promulgated its Rules (JBC-009) on October 31, 2000.
It is composed of the Chief Justice as ex-officio
Chairman, the Secretary of Justice and
representatives of 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 as members.
Guidelines and Qualifications for
Appointment in the Judiciary
• • Members of the Supreme Court,Court of Appeals,Court of Tax
Appeals
• Natural-born citizen of the Philippines;
• • At least 40 years old;
• •At least 15 years of practice as a judge of a lower court ; or At least
15 years of law practice in the Philippines.

• Members of the Sandiganbayan

• •Natural-born citizen of the Philippines;
• •At least 40 years old;
• •At least 10 years of practice as a judge of a court of record; or At
least 10 years of law practice in the Philippines; or At least 10 years
holding an office requiring admission to the bar as a prerequisite. *
CONST.
Guidelines and Qualifications for
Appointment in the Judiciary

• Judges of the Regional Trial Courts*

• • Natural-born citizen of the Philippines;
• • At least 35 years old;
• • At least 10 years of law practice in the Philippines; or At
least 10 years holding an office requiring admission to the bar
as a prerequisite.

• Judges of the First Level Courts**

• • Natural-born citizen of the Philippines;
• • At least 30 years old;
• • At least 5 years of law practice in the Philippines; or At least
5 years holding an office requiring admission to the bar s a
prerequisite
Guidelines and Qualifications for
Appointment in the Judiciary
• Judges of Shari’a District Courts*
• • Natural-born citizen of the Philippines;
• • At least 35 years old;
• • At least 10 years of law practice in the Philippines; or At
least 10 years holding an office requiring admission to the bar
as a prerequisite.
• • Must be learned in the Islamic Law and jurisprudence.

• Judges of Shari’a Circuit Courts**

• • Natural-born citizen of the Philippines;
• • At least 25 years old;
• •Passed an examination on the Shari’a and Islamic
Jurisprudence given by the Supreme Court
APPOINTMENTS TO THE JUDICIARY
TMHa.ELoCuHdr IEeFs
A. Sereno
P J.USTICE
Tenure as Chief
Justice:
August 24,
2012 – present
Appointed by:
Benigno S.
Aquino III
Age at
Appointment: 52
The incumbent Chief Justice, Ma. Lourdes P.A.
Sereno, appointed by President Benigno S. Aquino
III, took her oath of office on August 25, 2012. She is
the first woman to hold the position.
Reference
Website: Official Gazette of the Republic
of the Philippines
URL: http://www.gov.ph/about/judiciary/

Atty.Chan,Joselito and Robles, Reynaldo.

Website: Chan Robles Virtual Law Library
URL: http://www.chanrobles.com/
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