JUDICIAL

DEPARTMENT
 DISCUSSANT:
MECHEL F. ESTRADA
MARIA TERESA P. CABUAY
BSE-SS 3A
 Article 8: Judicial Department
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Section 4. (1) The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in division of three, five, or seven
Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.
 Article 8: Judicial Department
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(2) All cases involving the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by the Supreme
Court en banc, and all other cases which under the Rules of Court are
required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations,
shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and
voted thereon.
 Article 8: Judicial Department
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(3) Cases or matters heard by a division shall be decided or resolved
with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon, and
in no case without the concurrence of at least three of such Members.
When the required number is not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle of law laid down by the
court in a decision rendered en banc or in division may be modified or
reversed except by the court sitting en banc.
Supreme Court
-is the highest court in the land

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 Judicial Power
-The power to apply the laws to contests or
disputes concerning legally organized rights and
duties between the states and private persons, or
to individual litigants in cases properly brought
before judicial tribunals.

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 Three kinds of courts in the country:
1. Supreme Court – The highest in the land.
2. Regular Court - Appellate Court, Regional Trial Court,
etc.
3. Quasi – Judicial Bodies – NLRC (National Labor
Relations Commission), SEC, etc.

Note: Each court has its own jurisdiction.

 Composition:
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One Chief Justice (Chief Justice Alexander Gesmundo)
Fourteen Associate Justice (2021)
1. Estela Perlas – Bernabe 8. Rodil Zalameda
2. Marvic Leonen 9. Mario Lopez
3. Alfredo Benjamin 10. Edgardo Delos Santos
4. Ramon Paul Hernando 11. Samuel Gaerlan
5. Rosmari Carandang 12. Ricardo Rosario
6. Amy Lazaro – Javier 13. Jhosep Lopez
7. Henri Jean Paul Inting 14. Vacant
 Composition:
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One Chief Justice (Chief Justice Alexander Gesmundo)
Fourteen Associate Justice (2021)
1. Estela Perlas – Bernabe 8. Rodil Zalameda
2. Marvic Leonen 9. Mario Lopez
3. Alfredo Benjamin 10. Edgardo Delos Santos
4. Ramon Paul Hernando 11. Samuel Gaerlan
5. Rosmari Carandang 12. Ricardo Rosario
6. Amy Lazaro – Javier 13. Jhosep Lopez
Chief Justice 7. Henri Jean Paul Inting 14. Vacant
Alexander
Gesmundo
 Judicial and Bar Council
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-Task to nominate appointees to the judiciary.

Composition:

 Chief Justice
 Secretary of Justice
 Representative from Congress
 IBP Representative
 Professor of Law
 Private Sector Representative
 Court of Appeals
The Court of Appeals is the second highest tribunal in the country, which was
established on February 1, 1936, by virtue of Commonwealth Act No. 3. The current form of
the Court of Appeals was constituted through Batas Pambansa Blg. 129, as amended by
Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act No. 8246.

The Court of Appeals is composed of one presiding justice and 68 associate justices,
all of which are appointed by 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 Supreme Court also apply to members of the Court of Appeals.

The current acting presiding justice of court of appeals is Remedios A. Salazar –

Fernando.

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 Court of Tax Appeals
The Court of Tax Appeals (CTA), which is of 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
Republic Act No. 9282 and Republic Act No. 9503.

The CTA is composed of one presiding justice and 8 associate justices, all of which
are appointed by 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 Court of Appeals also apply to members of the CTA.

The current presiding justice of the CTA is Roman del Rosario, who is set to retire on
October 6, 2025.

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 Sandiganbayan
To attain the highest norms of official 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 Article XIII, Section 5 of the 1973 Constitution. This
court was formally established through Presidential Decree No. 1606, which was signed into
law on December 10, 1978.

The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of
which are appointed by 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 current presiding justice of the Sandiganbayan is Amparo Cabotaje-Tang, who is set
to retire on November 8, 2024.

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 E-RESOURCES
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https://www.officialgazette.gov.ph/about/gov/judiciary/

https://www.officialgazette.gov.ph/constitutions/the-1987-cons
titution-of-the-republic-of-the-philippines/the-1987-constitution
-of-the-republic-of-the-philippines-article-viii/

https://www.youtube.com/watch?v=TC4jSfg_tE8

https://en.wikipedia.org/wiki/Associate_Justice_of_the_Suprem
e_Court_of_the_Philippines
QUALIFICATIONS FOR THE
MEMBERS OF JUDICIARY
17

ELENA M. DELA ROSA CHERRYL KAYE M. DUPITAS

(Discussant) (Discussant)
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Supreme Court of the
Philippines
 Court of Appeals
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SandiganBayan
Court of Tax appeals
Shari’a District Courts and
Shari’a Circuit Courts
 Guidelines and Qualifications for
Appointment in the Judiciary

Members of the Supreme Court,Court of Members of the Sandiganbayan

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.
 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.
 Guidelines and Qualifications for
Appointment in the Judiciary

Judges of the Regional Trial Courts Judges of the First Level Courts

 Natural-born citizen of the Philippines;  Natural-born citizen of the

 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.
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 Judges of Shari’a Circuit Courts

 Natural-born citizen of the Philippines;  Natural-born citizen of the

 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.
Philippines;
 At least 25 years old;
 Passed an examination on the
Shari’a and Islamic Jurisprudence
given by the Supreme Court
Article VIII
JUDICIAL
DEPARTMENT
DISCUSSANT:
REYMARK D. GLORIA
BSE-SS 3A
 TERM OF OFFICE
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◈ is the time when a person holds a job or position of

authority especially in the government.
 SUPREME COURT -TERM OF OFFICE
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◈ Members of the Supreme Court and Judges of the
lower court shall enjoy their office during good
behavior.
◈ Members of the SC shall enjoy the position until they
are removed in the long and complicated of
impeachment.
◈ Hold the office until they reach 70 years or become
incapacitated.
 JUDICIAL AND BAR COUNCIL MEMBERS:
32 ◈ Chief Justice (as Ex ◈ Representative of the
Officio Chairman) Integrated Bar
◈ Secretary of Justice (as ◈ Professor of Law
Ex Officio Members) ◈ Retired Member of the
SECTION ◈ Representative of the Supreme Court
8 congress (Ex Officio ◈ Representative of the
Member) private sector
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 Thanks!
Prepared by: Reymark D. Gloria
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 Article VIII
JUDICIAL DEPARTMENT
(functions)
DISCUSSANT:
RHEZIA MAE A. PABLO
SARAH DELOS SANTOS
BSE-SS 3A
The Judicial branch
interprets the meaning
of laws, applies laws
to individual cases,
and decides if laws
violate the
Constitution.
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 amounting to lack or
excess of jurisdiction on the part
of any branch or instrumentality
of the Government.
 The Supreme Court

Section 5: The supreme court shall have

the following powers:

(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.
• Certiorari - a writ issued by a
superior court requiring a lower court
or a board of officer exercising judicial
function to transmit the records of the
case to the higher tribunal for
purposes of review.

• Prohibition - a written order by which

a superior court commands a lower
court or a corporation, boards or
person to desist from further
proceedings in action.

• Mandamus - an order issued by the

higher court commanding a lower
court to a corporation board, or a
person to perform a certain act, which
is it's duty to do.
• Qou Warranto - an action by the
government to recover an office or
franchise from an individual or
corporation unsurprising or
unlawfully holding it.

• Habeas Corpus - a writ requiring a

person under arrest to be brought
before a judge or into court,
especially to secure the person's
release unless lawful grounds are
shown for their detention.
(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.

(3) assign temporarily judges of lower

courts to other stations as public interest
may require. such temporary
assignment shall not exceed six months
without the consent of the judge
concerned.

(4) order a change of venue or place of

trial to avoid a miscarriage of justice.
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 underprivileged. Such rules shall
provide a simplified and inexpensive
procedure for the speedy disposition of cases,
shall be uniform for all courts of the same
grade, and shall not diminish, increase, or
modify substantive rights. Rules of
procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.

(6) Appoint all officials and employees of the

Judiciary in accordance with the Civil
Service Law.
 The Court of Appeals

At the third tier of the hierarchy are

three collegiate courts, one of which
is the Court of Appeals (CA). The CA
is assigned to review cases elevated to
it from the Regional Trial Courts
(RTCs) as well as quasi-judicial
agencies such as the Civil Service
Commission, Securities and
Exchange Commission, National
Labor Relations Commission, and
the Land Registration Authority.
 The Court of Tax Appeals

The CTA has exclusive jurisdiction to

review on appeal decisions in cases
involving disputed assessments, refunds of
internal revenue taxes, fees, or other
charges, penalties in relation thereto, or
other matters arising under the National
Internal Revenue Code.ted
 The Sandiganbayan

The Sandiganbayan is an anti-graft

court that has jurisdiction to try public
officers with a salary grade of 27 and
above (including any co-accused who are
private persons) charged with criminal
cases involving violation of the country’s
laws on graft and corruption,
particularly RA 3019, as amended,
otherwise known as the Anti-Graft and
Corrupt Practices Act, and
corresponding civil cases for recovery of
civil liability arising from the offense.
The second tier consists of the
Regional Trial Courts (RTCs).
RTCs act as trial courts
receiving evidence in the first
instance from the parties to a
case falling within its
jurisdiction; in exercising the
latter jurisdiction, the RTCs act
as a court of appeal over the
decisions of the Courts of the
First Level.

Also on the same level are the

Shari’a District Courts (SDC),
whose decisions are appealable
to the still-to-be organized
Shari’a Appellate Court.
 The Trial Courts of the First and
Second Level

In the first tier are the Courts of the

First Level consisting of the
Metropolitan Trial Courts (MeTCs),
which are established in Metropolitan
Manila; the Municipal Trial Courts in
Cities (MTCCs), in every city which does
not form part of Metropolitan Manila;
the Municipal Trial Courts (MTCs),
established in each of the other cities or
municipalities; and Municipal Circuit
Trial Courts (MTCCs), created in each
circuit comprising such cities and/or
municipalities as grouped by law.
 Shari’a Circuit Courts (SCC)

At the same level are the Shari’a

Courts have been established in
Islamic regions and provinces to
interpret and apply the Code of
Muslim Personal Laws (under
Presidential Decree No. 1083). Their
decisions are appealable to the
Shari’a Appellate Court which,
however, has yet to be organized.
 THANK
YOU
FOR
LISTENING
:)! &
Pablo, Rhezia Mae A.

Delos Santos, Sarah