The Judiciary

Role
• Two main roles of the judicial branch are to
dispense:
• 1. Judicial power
• 2. Judicial review
 Judicial Power
• This is the right to determine actual
controversies arising between adverse
litigants.
• This is also the power to settle controversies
or disputes involving rights that are
enforceable and demandable before the court
of justice or the redress of wrongs to violation
of such rights.
 Judicial Review
• The power of the courts to test the validity of
execute and legislate acts in light of their
conformity with the constitution.
 Classification of Courts
• Constitutional Courts
– These are courts provided by the Constitution
• Statutory Courts
– These are courts created by law.
• Other Courts
 Classification of Courts
• Constitutional Courts: • Other Courts:
– E.g.: The Supreme Court – A. Court of Appeals
• Statutory Courts: – B. Regional Trial Courts
– A. Regular Courts – C. Metropolitan Trial
– B. Military Courts Courts
– C. Special Courts – D. Municipal Circuit Trial
Courts
– D. Appellate Courts
– E. Shari’a District Courts
– E. Collegiate Courts
– F. Shari’a Circuit Courts
– F. Lower Courts
– G. Quasi Judicial Courts
 Independence of the Judiciary
• 1. The Supreme Court is a constitutional body.
• 2. The members of the SC can be removed
through impeachment.
• 3. The SC may not be deprived of its minimum
original and appellate jurisdiction.
• 4. The SC has administrative supervision over
all inferior courts and their personnel.
 Independence of the Judiciary
• 5. The SC has exclusive power to discipline
judges of lower court.
• 6. The judiciary shall enjoy fiscal autonomy.
• 7. The SC alone may initiate rule of court.
• 8. The Supreme Court can appoint all officials
and employees of the judiciary.
 Composition
• The Supreme Court shall be composed of 1
Chief Justice and 14 Associate Justices.
• They sit ‘en banc’ or in divisions of 3, 5 or 7.
 Supreme Court En Banc
• All the members of the Supreme Court sit
together en banc to adjudicate cases
involving:
– A. Constitutionality, application or operation fo
presidential decrees
– B. Proclamation, orders, instructions, ordinances
and other regulations.
 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.
 Powers
• 2. Review, revise, reverse, modify or affirm on appeal or
certiorari as the law of the Rules of Court may provide, final
judgment and orders of lower courts in:
– A. All cases of constitutionality or validity of any treaty,
international or executive agreement, law, decree, proclamation,
order, instruction, ordinance or regulation.
– B. All cases involving the legality of any tax, toll or assessment.
– C. All cases in which the jurisdiction of any lower court is in issue.
– D. All cases in which only an error or question of law is involved.
– E. All cases in which penalty imposed is reclusion perpetua.
 Powers
• 3. Assign temporarily judges of lower courts to other stations as
public interest may require.
• 4. Order a change of venue or place of a trial to avoid a
miscarriage of justice.
• 5. To settle disputes.
• 6. To interpret the laws.
• 7. To check and balance the other branches of the government.
• 8. To administer justice.
• 9. Judicial review.
• 10. The power to punish contempt.
 Powers
• Certiorari – writ issued from a superior court requiring an
inferior court or board, or officer exercising judicial functions
to transmit records of a case to the superior court for purpose
of review
• Prohibition – writ by which a superior court commands
an inferior court or corporation, board or person acting
without or excess of its jurisdiction, or with grave abuse of
discretion, to desist from further proceeding in the action or
matter
 Powers
• Mandamus – an order issued by a superior court
commanding an inferior court or corporation, board or person
to perform a certain act which, it is its duty to do
• Quo Warranto – an action to recover an office or
franchise from one who usurps, intrudes or unlawfully holds it
 Powers
• Contempt
• The despising of the authority, justice or dignity of the
court. A person is guilty of contempt if his/her conduct
tends to bring the authority and administration of the
law into disrespect or to interfere with or prejudice the
parties or their witnesses during litigation.
 Powers
• Judicial review
• This is the power of the Supreme Court to declare a
treaty, international executive agreement, law,
ordinance, executive order, or regulations as
unconstitutional.
 Powers
• When can laws be declared unconstitutional?
– A. Laws are not within the legislative powers of the
Congress.
– B. When laws tend to establish arbitrary methods or forms
that infringe on constitutional principles.
– C. Because their purpose or effects violate the constitution
or its basic principles.
 Qualifications
• 1. One must be a natural-born citizen.
• 2. 40 years of age.
• 3. 15 years experience in practicing law or as a judge in
a lower court.
• 4. Member of the Philippine bar.
• 5. Member of the judiciary must be a person of proven
competence, integrity, probity and independence.
• 6. Shall hold office up to 70 years old or unless,
incapacitated.
 JBC
• The Judicial and Bar Council’s main function is
to recommend appointees to the Judiciary.
• Its composition includes: Chief Justice (ex-
officio chairperson), Secretary of Justice, a
representative of the Congress, representative
of the Integrated Bar, professor of law, a
retired member of the Supreme Court and a
representative of the public sector.
 Blending of Powers
• The members of the Supreme Court and
judges of the lower courts shall be appointed
by the President him/herself.

• How does this affect the independence of the

three branches of the government?
 Adjudication of Cases
• All cases or matters filed under the judiciary
must be decided or resolved within:
– 24 months from the date of submission for the
Supreme Court
– 12 months for all lower collegiate courts
– 3 months for all other lower courts.
 Discussion
• 1. How does the Court maintain its
independence?
• 2. How do you weigh the power of the judicial
branch compared to the other branches?
The End