UNIT8

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POL-GOV

LESSON 1
LESSON
JUDICIAL 8
DEPARTMENT:
JUDICIAL
THE DEPARTMENT
ROLES AND RESPONSIBILITIES OF THE
PHILIPPINE JUDICIARY

PREPARED BY: SASUKE UCHIHA


THE JUDICIARY
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 state and private persons..
Three kinds of Courts in the
country:
1. Supreme Court- the highest court of the land.
2. Regular Court- Appellate Court, Reginal Trial Court ,
etc.
3. Quasi-Judicial Bodies- DOLE, SEC, etc.
COMPOSITION:

ONE CHIEF JUSTICE


Diosdado Peralta
As of October 23, 2019, the
position is currently held
by Diosdado Peralta, who was
appointed by President Rodrigo
Duterte following the mandatory
retirement of his
predecessor Lucas Bersamin in
October 2019.
14 ASSOCIATE JUSTICE
QUALIFICATIONS
Justices of the Supreme Court
1. Must be a natural born citizen.
2. At least 40 years old
3. 15 yrs or more as a judge of a lower court or engaged
in the practice of law in the Philippines,
4. Must be a person of proven competence, integrity,
probity and independence.
The power to appoint the chief justice lies with the president, who makes the
selection from a list of three nominees prepared by the Judicial and Bar
Council. There is no material difference in the process of selecting a chief justice
from that in the selection of associate justices. 
Qualifications
Justices of the Lower Courts
1. A citizen of the Philippines.
2. A member of the Philippine bar.
3. Must be a person of proven competence, integrity,
probity and independence.

According to the 1973 Constitution, “The Members of


the Supreme Court and judges of inferior courts shall
be appointed by the President.”
TENURE OF OFFICE
• Members of the supreme court and judges of the lower
courts shall enjoy their office during good behavior.
• Members of sc shall enjoy the position until they
removed in the long and complicated process of
impeachment.
• Hold office until they reached 70 yrs.
• Until dismissed by members of the sc for a probable
cause.
KATARUNGANG PAMBARANGAY
• Presidential Decree No. 1508, or the Katarungang
Pambarangay Law, established a system of amicably settling
disputes at the barangay level.  This decree and the 
Local Government Code provided rules and procedures.
• This system of amicable settlement of dispute aims to
promote the speedy administration of justice by easing the
congestion of court dockets.  The court does not take
cognizance of cases filed if they are not filed first with the
Katarungang Pambarangay.
PRESENT-DAY SUPREME COURT
• the Supreme Court is composed of a chief Justice
and 14 associate justices who serve until the age of
70.
• The court may sit en banc or in one of its three
divisions composed of five members each. The chief
justice and associate justices are appointed by the
President of the Philippines, chosen from a shortlist
submitted by the Judicial and Bar Council.
• It reports and recommends to the Supreme
Court all actions that affect the lower court
management. The OCA is headed by the court
administrator, three deputy court
administrators, and three assistant court
administrators.
According to the 1987 Constitution, Article VIII, Section 5,
the Supreme Court exercises the following powers:

•Certiorari
•Prohibition
•Mandamus
•Quo Warranto
•Habeas Corpus
• All cases in which the jurisdiction of any lower court
is in issue;
• All criminal cases in which the penalty imposed is
reclusion Perpetua or higher;
• Assignment of judges to the lower courts.
• Order a change of venue or place of trial to avoid a
miscarriage of justice.
• Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all
courts.
• Appoint all officials and employees of the
Judiciary in accordance with the Civil
Service Law (Sec. 5
• Judicial and bar Council
- Tasked to nominate appointees to the judiciary.
Composition:
• Chief Justice
• Secretary of Justice
• Representative from Congress
• Integrated Bar of the PhilippinesIBP
representative
• Professor of Law
• Private Sector Representative
The Second highest tribunal
in the country which
established on February 1,
1936
The Jurisdiction of the Court of Appeals are as
follows:
• Original jurisdiction to issue writ of Mandamus,
prohibition, certiorari, habeas corpus and quo
warranto.
• Exclusive original jurisdiction over actions for
annulment of judgements of RTC
• Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards pf RTC,
agencies and board of commission.
• The Court of Appeals shall also
have the power to try cases and
conduct hearings, receive evidence
and perform acts.
• The court of Appeals is composed
of 1 presiding justice and 68
associate justice all of which are
appointed by the President from
shortlist submitted by Judicial and
Bar Council.
• The current presiding justice of the
Court of Appeals is Andres Reyes
Jr.
• It has exclusive
jurisdiction over
tax appealed by
private citizens and
commercial firms
who protect the
amount of taxes
imposed.
• Is the highest norms of
official conduct among
officials and employees
in the Government.
• Violations of Republic Act no.
3019 or Anti-Graft and
Corruption practice Act.
• Sandiganbayan composed of 1
presiding justice and 14
associate justices.
The Qualifications:
• Natural Born Citizen
• At least 40 yrs of age
• Has been a judge of a court at
least 10yrs or engaged in the
practice of law in the Philippines
• Or acquiring to the bar for at
least 10 yrs.
• Investigates cases of graft and corruptions. Otherwise known as
Tanod-bayan.
• Under the 1987 Philippine Constitution and the Ombudsman
Act of 1989, the Office of the Ombudsman independently
monitors all three branches of the government for political
corruption. The Ombudsman "is principally tasked to
investigate on its own or upon complaint by any person, in any
form or manner, any act or omission of any public officer or
employee, including those in government-owned or controlled
corporations, which appears to be illegal, unjust, improper or
inefficient."After an investigation, the Ombudsman files
charges at the Sandiganbayan, a special anti-graft court.
• The Offices of the Ombudsman includes the Ombudsman's
own office, along with offices for a team composed of
a Sheriff, the Ombudsman's second in command, and six other
deputies who lead their respective divisions or bureaus.

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