INTRODUCTION TO PHILIPPINE POLITICS AND

GOVERNANCE
DAY 1 OF PRESENTATION

CONSTITUTION

THE GOVERNMENT CONSTITUTION OF

OF THE PHILIPPINES THE REPUBLIC OF
CONCEPT OF
IN TRANSITION THE PHILIPPINES
CONSTITUTION
OBJECTIVES
To identify the history of Philippine
constitution
RECAP DISCUSSION

THE GOVERNMENT OF THE PHILIPPINES IN

TRANSITION
TH E PRE- SPA NI SH G OV ERNM ENT

• UNIT OF GOVERNMENT
• D AT U
• S O C I A L C L A S S E S I N T H E B A R A N G AY
• E A R LY L AW S
• C O M PA R I S O N W I T H O T H E R A N C I E N T
GOVERNMENT
RECAP DISCUSSION

THE GOVERNMENT OF THE PHILIPPINES IN

G O VERN MEN T
TRANSITION
D URI N G TH E
SPAN ISH PERI O D

• S PA I N ’ S T I T L E T O T H E P H I L I P P I N E S .
• Spanish colonial government.
• G o v e r n m e n t i n t h e P h i l i p p i n e s u n i t a r y.
• The Governor-General.
• The Judiciary
• Evaluation of the Spanish Government
in the Philippines.
RECAP DISCUSSION

THE GOVERNMENT OF THE PHILIPPINES IN

TRANSITION
GOVERNM EN TS DU RI N G TH E
REVOLUTI O NA RY ER A

• THE K AT I P U N A N G O V E R N M E N T
• The biak-na-Bato Republic
• The Dictatorial Government
• The Revolutionary Government
• The First Philippine Republic
RECAP DISCUSSION

THE GOVERNMENT OF THE PHILIPPINES IN

TRANSITION
GOVERNMENT DURING THE AMERI CA N
REGIME

• T H E M I L I TA RY G O V E R N M E N T
•The Civil Government
•The Commonwealth Government of
the Philippines
RECAP DISCUSSION

THE GOVERNMENT OF THE PHILIPPINES IN

TRANSITION
GOVERNM ENTS D URI N G TH E J APA NESE
O CCU PATI ON

• T H E J A PA N E S E M I L I TA RY
A D M I N I S T R AT I O N
•The Philippine Executive Commission
•The Japanese-sponsored Republic of
the Philippines
 The Previous Philippine Republics
Timeline:
• June 29, 1944. Under the joint resolution No.93, approved by the United
States Congress, the President of the United States was authorized to
proclaim the independence of the Philippines prior to July 4, 1946, after the
Japanese had been vanquised and constitutional processes in the country
restored.
• July 4, 1946. The Republic of the Philippines was formally inagaurated,
Manuel A. Roxas as the first President and Elpidio Quirino as the first Vice-
President.
• The 1935 Consitution served as the fundamental law not only for the Commonwealth
Government, which was interrupted by the Second World War but also for the
Republic of the Philippines until the ratification of the 1973 Philippine Constitution
establishing a parliamentary form of Government, effected by the virtue of
Proclamation No. 1102 of President Ferdinan E. Marcos.

• The First Republic was established on January 23, 1899 under the malolos
Constitution
• The Second, on October 14, 1943 under the Japanese-sponsored Constitution
• Third, on July 4, 1946 under the 1935 Constitution
• President Ferdinan Marcos, in his inaugural address on June
30, 1881, installed a modified parliamentary system of the
government.

• The present Republic came into being upon the ratification of

the 1987 Constitution on February 2, 1987.
 The Provisional Government of 1986

• Revolutionary
• De Jure / de facto
• Constitutional and transitory
• Democratic
• Powers
• The Provisional Constitution
 CONCEPT OF CONSTITUTION
• What is constitution?
The term Constitution refers to "that body of rules and Principles
in accordance with which the powers of sovereignty are regularly
exercised.
 Nature and Purpose or Function of Constitution
• Serves as the supreme or fundamental law
A Constitution is the charter creating the government. It has the status of a supreme or
fundamental law as it speaks for the entire people from whom it derives its claim to obedience.
It is binding on all individual citizens and all organs of the government. It occupies the highest
level in the hierarchy of laws. It is the law to which all other laws must conform and in
accordance with which all private rights must be determined and all public authority
administered. It is the test of the legality of all governmental actions, whether proceeding from
the highest official or lowest functionary.
 • Establishes basic framework and underlying principles of government

The Constitution is also referred to as the organic or basic law being or relating to the law
by virtue of which the government exists as such. Its purpose is to prescribe the permanent
framework of the system of government and to assign to the different departments or branches,
their respective powers and duties, and to establish certain basic principles on which the
government is founded. It's primary designed to preserve and protect the rights of individuals
against the arbitrary actions of those in authority. It's function is not to legislate in detail but to
set limits on the otherwise unlimited power of the legislature.
 WHAT IS CONSTITUTIONAL LAW?

Constitutional law may be defined as the branch of

public law which treats of constitutions, their nature,
formation, amendment, and interpretation.
 KINDS OF CONSTITUTION

Constitution may be classified as follows:

1. As to their origin and history

a) Conventional or enacted - One which is enacted by a constituent assembly or
granted by a monarch to his subjects like the Constitution of Japan in 1889
b) Cummulative or evolved - Like the English Constitution, one which is a product
of growth or a long period of development originating in customs, traditions,
judicial decisions, ect..
rather than from a deliberate and formal enactment.
2.) As to their form:

a) Written - One which has been given definite written form at a particular
time, usually by a specially constituted authority called a “Constitutional
Convention”: and
b) Unwritten - One which is entirely the product of Political evolution,
consisting largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a fundamental
character, usually bearing different dates. The English Constitution is
unwritten only in the sense that it is not codified in a single document. Part
of it is written - the Acts of Parliament and judicial decissions.
3.) As to manner of amending them:

a) Rigid or inelastic - One regarded as a document of special sanctity

which cannot be amended or althered except by some special
machinery more cumbrous than the ordinary legislative process: and
b) Flexible or elastic - One which posseses no higher legal authority
than ordinary laws and which may be altered in the same way as
other laws.
 ADVANTAGES AND DISADVANTAGES OF A WRITTEN
CONSTITUTION

1. It has the advantage of clearness and definiteness over an unwritten one. Such a
constitution cannot be easily bent or twisted by the legislature or by the courts.
2. Its disadvantages lies in the difficulty of its ammendment.
(Art. XVII, 1987 Phil. Consti.)
This prevents the immediate introduction of needed changes
and may thereby retarded the healthy growth and progress
of the state.
 REQUISITES OF A GOOD WRITTEN CONSTITUTION

1.) As to form, a good written constitution should be:

a.) Brief

b.) Broad

c.) Definite

2.) As to Contents, it should contain at least three sets of provisions:

a.) That dealing with the framework of government and its powers, and defining the electorate. This group of provisions has been called the

constitution of government;

b.) That setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of

securing the enjoyment of these rights. “constitution of liberty;

c.) That pointing out the mode or procedure for amending or revising the constitution. “constitution of sovereignty”
CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES
• THE 1935 CONSTITUTION (https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/)
• THE 1973 CONSTITUTION
(https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/)

• THE 1987 CONSTITUTION (https://www.officialgazette.gov.ph/constitutions/1987-constitution/)

DAGHANG SALAMAT
DAY 2 OF PRESENTATION

EXECUTIVE BRANCH

THE CHIEF THE CHIEF EXECUTIVE

THE CHIEF POWERS COMPARED
EXECUTIVE EXECUTIVE
DEPARTMENT COMPARED
 OBJECTIVES
Identify the functions of Executive Department in the Philippines

Explain the evaluation of the Executive Office

 THE EXECUTIVE BRANCH
 In the Philippines, the guide on the qualifications, powers and
the line of succession are in the (Article VII, in the Philippine
Constitution), which is entittled “The Executituve Branch”.
 This Branch is compose of the office of the President, Vice
President, Cabinet and Local Government.
 This Branch carries and enforces laws.
 OFFICE OF THE PRESIDENT

 The President of the Phippines is elected by the direct

vote of the people.
 The President has a six term, with no provision of re-
election. This term will start on the 30th day of June
following the day of the election.
 CRITICISMS AND ISSUES

 Human Rights Violations

 Authoritarian Tendencies
 Corruption Allegations
 Foreign Policy
 Economic Policy
 ROLES AND POWER OF THE PRESIDENT
ROLES

 Head of State: As the highest-ranking official in the Philippines, the President serves

as the ceremonial head of state.

 Chief Executive: The President is responsible for implementing the laws of the land

and managing the affairs of the government.

 Commander-in-Chief: The President is the commander-in-chief of the Armed Forces

of the Philippines and has the power to direct the military during times of war or

other emergencies.
 Chief Diplomat: The President is responsible for conducting the foreign affairs of the

Philippines and representing the country in international affairs.

 Legislative Agenda Setter: Although the President cannot make laws, they have the

power to propose legislation and influence the legislative agenda of the government.

 Budget Proposer: The President is responsible for submitting the proposed annual

budget to Congress and ensuring that government spending aligns with national

priorities.

 Crisis Manager: The President is responsible for managing national emergencies and

responding to natural disasters, terrorist threats, and other crises that may arise.
POWERS

 Executive Power: The President has the power to enforce the laws
of the Philippines and manage the administrative affairs of the
government.
 Appointment Power: The President has the power to appoint officials
to key government positions, including members of the Cabinet,
ambassadors, judges, and heads of government agencies.
 Legislative Power: While the President cannot make laws, they can
propose legislation and urge Congress to pass bills that align with
their policy agenda.
 Veto Power: The President has the power to veto any bill passed by
Congress that they disagree with.
 Diplomatic Power: The President represents the Philippines in international affairs,

including signing treaties and agreements with other countries.

 Emergency Power: In times of crisis or emergency, the President may exercise

extraordinary powers to address the situation, such as declaring martial law or

suspending the writ of habeas corpus.

 Pardon Power: The President has the power to grant pardons, reprieves, and

commutations for offenses against the laws of the Philippines, except in cases of

impeachment. (SEE, ARTICLE VII, 1987 PHIL. CONSTITUTION)

 THE QUALIFICATION FOR RUNNING PRESIDENT AND VICE
PRESIDENT

 The qualification for an individual aspiring to become a President of the

Philippines are outlined in the Article VII, Section 2 of the 1987 Constitution.

 Natural Born Filipino;

 A registered voter;

 Must be able to read and write;

 40 years of age at the day of the election; and

 Must have resident in the Philippines for ten years before the election is held.
 OFFICE OF THE VICE PRESIDENT
 The Vice President of the Philippines is elected by direct
vote of the people.
 The Vice President has six terms, and may run for re-
election.
 This term will start on the noon of 30th day of June
after a regular election is held.
 ROLES OF VICE PRESIDENT

 May be appointed as a member of the Cabinet

 The Vice President is also mandated to assume presideny in case

of the death, disability or resignation of the incumbent

President.
 CABINET SECRETARIES
 Act as the alter ego of the President executing, with his authority, the

power of the Office of the President in their respective departments.

 The number of the Cabinet Secretaries varies depending on the need of

the administration.

 According to the Administrative code of 1987, the President of the

Philippines may create any department.

 THE APPOINTMENT OF CABINET
SECRETARIES

 According to the Article Vll, Section 16, the President has

the Power to appoint anyone to the department with the
consent given by the Commission on Appointments.

 Not all cabinet members are subject to confirmation of

the Commission on Appointments.
The list shows the positions which needs confirmation:
1. Executive Secretary
2. Secretary of Agrarian Reform
3. Secretary of Agriculture
4. Secretary of budget and Management
5. Secretary of Education
6. Secretary of Energy
7. Secretary of Environment and Natural Resources
8. Secretary of Finance
9. Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Developent
17. Secretary of Interior and Local Government
18. Secretary of Trade and Industry
19. Secretary of Transportation and Communications
20. Secretary of Tourism
21. Commission on Higher Education
22. Director General of the National Economic and
Development authority
 THE POWERS OF A CABINET
SECRETARY
 The powers to issue directives related to their
departments like department orders.
 The orders may apply to offices under a specific
department under the secretary’s jurisdiction.
 The cabinet secretaries also acts as advisors to the
President for their areas.
 THE LOCAL GOVERMENT
 According to Article X, Section 4 of the Constitution, the President of
the Philippines is mandated to supervise local governments all over the
country.
 However, because of the Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, local governments given the authonomy
from the national government.
Each local government has its own chief
executive. These are;

• Province - Provincial Governor

• City - City Mayor
• Municipality - Municipal Mayor
• Barangay - Baranggay Chairman
DAGHANG SALAMAT
DAY 3 OF PRESENTATION

JUDICIAL DEPARTMENT OF THE PHILIPPINES

THE STRUCRURE OF IMPORTANCE AND

OVERVIEW OF REFORMS OF JUDICIAL
JUCICIAL JUDICIAL
DEPARTMENT DEPARTMENT
DEPARTMENT
 ARTICLE Vlll
JUDICIAL DEPARTMENT
I. INTRODUCTION

BRIEF OVERVIEW
OF THE PHILIPPINE JUDICIAL DEPARTMENT
 I. INTRODUCTION

 The Philippine Judicial Department is one of the three branches of

government in the Philippines. It is responsible for interpreting and

enforcing the laws of the country, as well as ensuring that the rights and

freedoms of the people are protected. The Judicial Department is

composed of the Supreme Court, lower courts, and various judicial bodies.

The Supreme Court is the highest court in the land and is responsible for

interpreting the Constitution, deciding cases of national significance, and

overseeing the lower courts.

 I. INTRODUCTION

The lower courts include the Court of Appeals, Regional Trial Courts, Municipal Trial

Courts, and Shari'a Courts, which have jurisdiction over different types of cases. The

Judicial Department is designed to be independent from the other branches of government

to ensure that judges and justices are free to decide cases based on the law and

evidence, without fear of political pressure or interference. However, the Judicial

Department also faces challenges such as case backlog, corruption, and inadequate funding.

Efforts are being made to address these challenges, including the use of technology to

speed up court processes and the implementation of reforms to promote transparency and

accountability.
Article VIII, JUDICIAL DEPARTMENT

 Section 1. The Judicial power shall be vested in our Supreme Court and in

such lower courts as may be stablished by law.

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.

I. INTRODUCTION

MEANING OF JUDICIAL POWER

 Judicial Power is the Power and duty of courts of justice to apply the laws to contests

or disputes concerning legally recognized rights or duties between the State and private

persons or individuals, or between private persons or individual litigants, in case properly

brought before the judicial tribunals.

I. INTRODUCTION

SCOPE OF JUDICIAL POWER

1.ADJUDICATORY POWER

2.POWER OF JUDICIAL REVIEW

3.INCIDENTAL POWERS
I. INTRODUCTION

IMPORTANCE OF UPHOLDING THE RULE OF LAW IN A

DEMOCRATIC SOCIETY

1. Protects individual rights and freedoms: The rule of law ensures that everyone,

regardless of their status or position, is subject to the same laws and regulations.

It establishes clear limits on the power of government and other authorities, and

provides a framework for holding those in power accountable for their actions.
I. INTRODUCTION

IMPORTANCE OF UPHOLDING THE RULE OF LAW IN A

DEMOCRATIC SOCIETY

1. Protects individual rights and freedoms: The rule of law ensures that everyone,

regardless of their status or position, is subject to the same laws and regulations.

It establishes clear limits on the power of government and other authorities, and

provides a framework for holding those in power accountable for their actions.
I. INTRODUCTION

IMPORTANCE OF UPHOLDING THE RULE OF LAW IN A

DEMOCRATIC SOCIETY

2. Promotes transparency and accountability: Upholding the rule of law promotes

transparency and accountability in government and other institutions. It ensures that

decision-making processes are fair and open, and that those in power are held

accountable for their actions.

I. INTRODUCTION

IMPORTANCE OF UPHOLDING THE RULE OF LAW IN A

DEMOCRATIC SOCIETY

3. Fosters social stability and cohesion: The rule of law provides a shared set of

norms and values that everyone can agree on and abide by.

4. Encourages economic growth and development: Upholding the rule of law provides a

stable and predictable legal environment that is conducive to investment and

entrepreneurship.
II.

II.
STRUCTURE OF THE
PHILIPPINE JUDICIAL
DEPARTMENT
II.

THE SUPREME COURT

The Supreme Court is the highest court in the land and is responsible

for interpreting the Constitution, deciding cases of national

significance, and overseeing the lower courts. It is composed of 15

justices appointed by the President and confirmed by the Commission

on Appointments.
II.

FUNCTION OF A SUPREME COURT

 Judicial Review: One of the most important functions of the Supreme Court is its

power of judicial review. The Court has the power to review the constitutionality of

laws, executive orders, and other government actions.

 Adjudication of cases: The Supreme Court is responsible for adjudicating cases

brought before it. It has original jurisdiction over certain cases, such as those

involving ambassadors or cases between different branches of government. It also has

appellate jurisdiction over cases that have been decided by lower courts.
II.
 Rule-making: The Supreme Court has the authority to promulgate rules concerning the

protection and enforcement of constitutional rights, the admission to the practice of

law, and the procedures of the courts.

 Supervision of lower courts: The Supreme Court exercises administrative supervision

over all courts and their personnel.

 Attorney regulation: The Supreme Court is responsible for regulating the practice of law

in the Philippines. It has the power to admit lawyers to the bar, discipline lawyers for

misconduct, and regulate the professional conduct of lawyers.

II.

COMPOSITION OF A SUPREME COURT

The Supreme Court is composed of one Chief Justice

and 14 Associate Justices. Justices are appointed by
the President of the Philippines upon the
recommendation of the Judicial and Bar Council and
confirmed by the Commission on Appointments.
Justices serve until the age of 70.
II.

JURISDICTION OF A SUPREME COURT

The Supreme Court has original jurisdiction over cases

involving ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus. It has appellate jurisdiction
over cases decided by lower courts, including the Court of
Appeals, Sandiganbayan, and the Court of Tax Appeals.
II

LOWER COURT
Court of Appeals
The Regional Trial Courts (RTCs)
The Municipal Trial Courts (MTCs)
The Shari'a Courts
II

LOWER COURT
 The Court of Appeals is an intermediate appellate court that

has jurisdiction over appeals from the RTCs, MTCs, and other

lower courts. It has the power to review the decisions of these

courts and determine whether they were made in accordance with

the law. The Court of Appeals is composed of 69 Associate

Justices and one Presiding Justice.

 LOWER COURT
II

 Regional Trial Courts (RTCs) are the main trial courts in the

Philippines. They have jurisdiction over a wide range of civil and

criminal cases, including those involving property, contracts, and

crimes punishable by imprisonment of more than six years. The

RTCs are organized into 17 regions, with each region having

several branches. The judges of the RTCs are appointed by the

President of the Philippines.

II

LOWER COURT
 Municipal Trial Courts (MTCs) are trial courts that have limited

jurisdiction over cases involving less serious offenses and disputes

involving smaller amounts of money. They handle cases such as

traffic violations, small claims, and misdemeanors. The MTCs are

organized into municipal and metropolitan trial courts, with the

judges appointed by the Supreme Court.

II

LOWER COURT
 Shari'a Courts, the Shari'a Courts are trial courts that have

jurisdiction over cases involving Islamic law, such as marriage, divorce,

and inheritance. They are primarily located in the Muslim-majority

areas of the country and follow Islamic law principles in their

decision-making. The judges of the Shari'a Courts are appointed by

the Supreme Court upon the recommendation of the Secretary of

Justice.
II.

JUDICIAL BODIES
Judicial and Bar Council (JBC)
Philippine Judicial Academy (PHILJA)
Sandiganbayan
II.

JUDICIAL BODIES
 Judicial and Bar Council (JBC) - The JBC is a constitutional body

responsible for recommending judicial appointees to the President of the

Philippines. It is composed of the Chief Justice of the Supreme Court,

the Secretary of Justice, and representatives from various legal and

academic organizations. The JBC screens and evaluates nominees for

judicial positions, such as judges, justices, and lawyers who will fill up

vacancies in the judiciary.

II.

JUDICIAL BODIES
 Philippine Judicial Academy (PHILJA) - PHILJA is an institution that provides

continuing legal education and training for judges, court personnel, and lawyers

in the Philippines. It aims to improve the competence and professionalism of

those in the legal profession through various training programs, including

seminars, workshops, and conferences. PHILJA also conducts research and other

initiatives aimed at improving the country's justice system.

II.

JUDICIAL BODIES
Sandiganbayan - The Sandiganbayan is a special court that has
jurisdiction over cases of graft and corruption involving government

officials and employees. It was established to help fight corruption

in the government and promote transparency and accountability in

public service. The Sandiganbayan is composed of 15 justices, with

a chief justice leading the court.

III

III.

THE ROLE OF THE

PHILIPPINE JUDICIARY
III

 UPHOLDING THE CONSTITUTION AND THE

RULE OF LAW
 PROTECTING INDIVIDUAL RIGHTS AND
FREEDOMS
 SETTING DISPUTES AND RESOLVING
CONFLICTS
III

 Upholding the Constitution means that all government officials,

including the judiciary, must follow its provisions and ensure that all
laws and policies are in line with its principles. This ensures that the
government operates within the boundaries set by the Constitution
and protects the rights and freedoms of citizens.
III

 The Rule of Law, on the other hand, means that no one is above the
law, including government officials. This principle ensures that the
law applies equally to all individuals and that no one is above its
provisions. Upholding the Rule of Law means that there is
accountability for all actions, and the law is enforced impartially
without bias or discrimination.
III
 Protecting individual rights and freedoms is crucial in

ensuring that a society is just, fair, and democratic.

Individual rights and freedoms refer to the liberties

and privileges that are afforded to every person

without discrimination, including freedom of speech,

religion, assembly, and press, as well as the right to

due process, privacy, and equality under the law.

III

 The judiciary plays a crucial role in settling disputes and resolving conflicts between

individuals, organizations, and the state. The legal system in the Philippines provides

various mechanisms for dispute resolution. One of the most common mechanisms is

litigation in court. Litigation involves the formal process of resolving disputes

through legal proceedings before a judge or a panel of judges. The judiciary ensures

that all parties to a dispute have access to a fair trial and that the law is applied

impartially.
 IV.
IV.

JUDICIAL INDEPENDENCE
AND
ACCOUNTABILITY
 The importance of judicial independence
IV.

 The importance of judicial independence cannot be overstated. It serves as

a cornerstone of the rule of law and democracy, ensuring that justice is

served and that everyone is treated fairly and equally under the law.

Judicial independence also protects against abuse of power and corruption,

as judges are not beholden to external influences and can make decisions

based solely on the merits of the case.

IV.

MEASURES TO ENSURE JUDICIAL INDEPENDENCY

 Security of Tenure: Judges should have security of tenure, meaning they cannot be removed from

their position unless there is a valid reason and due process is followed.

 Fiscal Autonomy: The judiciary should have fiscal autonomy, meaning they have control over their

own budget and financial resources.

 Appointment and Promotion Processes: The appointment and promotion of judges should be based on

merit, and free from political interference. In the Philippines, judges are appointed by the President

from a shortlist provided by the Judicial and Bar Council. The Council is composed of representatives

from the judiciary, legal profession, and the private sector, ensuring a diverse and independent

selection process.
IV.

 Adequate Remuneration: Judges should be provided with adequate

remuneration, benefits, and resources to carry out their duties
effectively.
 Protection of Judges: Judges should be protected from harassment,
intimidation, and violence, both in and out of the courtroom. The
government should provide security measures and take appropriate action
against those who threaten or harm judges.
 Accountability and Oversight: The judiciary should be subject to
accountability and oversight, including a system of checks and balances.
This includes mechanisms for complaints and disciplinary action against
judges who violate ethical or professional standards.
IV.
MECHANISMS FOR JUDICIAL ACCOUNTABILITY

 Code of Judicial Conduct: The Code of Judicial Conduct provides ethical guidelines for

judges and magistrates, including rules on integrity, impartiality, independence,

diligence, and competence. The Code is enforced by the Supreme Court through its
disciplinary powers, and violations can result in disciplinary action or removal from
office.
 Judicial and Bar Council: The Judicial and Bar Council is an independent body

responsible for recommending judicial appointments, promotions, and discipline. It is

composed of representatives from the judiciary, legal profession, and the private
sector, ensuring a diverse and independent selection process.
IV.

 Ombudsman: The Office of the Ombudsman is responsible for

investigating and prosecuting cases of corruption, abuse of power,
and misconduct in public office.
 Internal Mechanisms: Courts have internal mechanisms for handling
complaints and disciplining judges. These may include the creation
of judicial ethics committees, peer review systems, or mediation
and conciliation processes.
 Public Scrutiny: The judiciary is subject to public scrutiny, with
the media, civil society, and the public monitoring the conduct of
judges and court decisions.
 V.
CHALLENGES FACING
THE PHILIPPINE
JUDICIAL DEPARTMENT
 CASE BACKLOG AND DELAY IN THE DISPOSITION
OF CASES

 CORRUPTION IN THE JUDICIARY

 INADEQUATE FUNDING FOR THE JUDICIARY

 v

CASE BACKLOG AND DELAY IN THE DISPOSITION

OF CASES

Insufficient number of judges and court personnel

Procedural delays
Lack of court infrastructure
Inadequate funding
 SEVERAL STEPS TO REDUCE CASE BACKLOGS AND
DELAY IN THE DISPOSITION OF CASES

 Implementation of Case Management System

 Hiring of Additional Judges and Court Personnel
 Simplification of Court Procedures
 Improvement of Court Infrastructure
 Public Education and Awareness
v

CORRUPTION
IN THE JUDICIARY
 RANGE OF MEASURES CAN BE IMPLEMENTED
IN THE JUCICIARY

Strengthening the Code of Conduct and Ethical Standards for judges and
court personnel to ensure that they are held to the highest standards of
integrity and transparency.
Establishing clear reporting mechanisms for incidents of corruption, including
whistleblower protection programs to encourage the reporting of corrupt
activities.
Conducting regular integrity checks on judges and court personnel to identify
any potential conflicts of interest or signs of corrupt behavior.
Ensuring adequate resources and training for the judiciary to improve
efficiency and reduce opportunities for corrupt activities.
Implementing technology-based solutions to increase transparency and
accountability in the judiciary, such as electronic case management
systems and online publication of court decisions.
Encouraging public participation and education to promote awareness of
the negative impacts of corruption in the judiciary and to build public
trust in the justice system.
INADEQUATE FUNDING FOR
THE JUDICIARY
 Inadequate funding for the judiciary refers to a
situation where the amount of financial resources
allocated to the judicial branch of government is
insufficient to effectively perform its functions. This
can have a number of negative consequences, including
delays in the resolution of cases, a lack of resources
for training and capacity-building, and a negative
impact on the morale of judges and court personnel.
 Inadequate funding can lead to a shortage of resources:
When the judiciary is not provided with sufficient funds, it
can lead to a shortage of resources, including court personnel,
courtrooms, and equipment.

 Delays in case resolution can have serious consequences:

Delays in the resolution of cases can have serious
consequences for individuals, particularly those who are
waiting for justice in criminal cases or in cases that impact
their basic rights and freedoms. Delayed justice can result
in a loss of faith in the judiciary and the justice system as
a whole, which can have long-lasting negative consequences.
 Inadequate funding can impact the quality of justice:
The quality of justice provided by the judiciary can be
impacted by inadequate funding in a number of ways.

 Inadequate funding can undermine the independence of the

judiciary:
Judicial independence is a critical component of a functioning
democracy, but inadequate funding can impact this
independence by limiting the judiciary's ability to operate
independently of the other branches of government.
IV.

VI.
JUDICIAL REFORM
IN THE PHILIPPINES:
IV.

The Philippine Judicial Reform Program (JRP) was

launched in 1999 with the goal of modernizing the Judiciary and
improving its efficiency and transparency. The program was
initiated to address the persistent problems of case backlogs,
delays in case resolution, corruption, and inadequate funding
that plagued the Philippine justice system.
 Judicial automation – The JRP aimed to automate court processes to improve efficiency
and reduce delays in case resolution.
 Case decongestion – The JRP sought to address the backlog of cases in the courts by
implementing measures such as plea-bargaining, alternative dispute resolution, and the
strengthening of court administration.
 Judicial education and training – The JRP recognized the importance of continuing
education and training for judges, court personnel, and other justice sector stakeholders.
The program supported the establishment of the Philippine Judicial Academy to provide
training programs for judges and other court personnel.
 Strengthening court administration – The JRP aimed to improve court
management by implementing measures such as standardizing court
procedures, strengthening court monitoring, and promoting transparency
and accountability in court operations.
 Public awareness and participation – The JRP recognized the importance of
public participation and awareness in the justice system. The program
aimed to promote public awareness of legal rights and obligations and
encourage greater participation in court processes.
 Under the Philippine Judicial Reform Program (JRP), several key reforms were implemented to modernize the
Judiciary, improve its efficiency, and increase transparency.

Some of these reforms include:

 Automation of court processes:

To streamline court procedures, the JRP introduced the automation of court processes. This involves
the use of technology to manage and track cases, from filing to disposition. With the implementation of
electronic case management systems, judges and court personnel can easily access case information and
updates, reducing the need for physical case files.
 Establishment of an e-court system:
The JRP also led to the establishment of an e-court system, which enables online filing of cases,
electronic issuance of summons, and electronic payment of court fees. This system reduces the need for
litigants and lawyers to appear in person in court, making the judicial process more convenient and
efficient.
 Improvement of court infrastructure:
The JRP also aimed to improve court infrastructure by constructing new court
buildings and renovating existing ones.
 Strengthening the Judiciary's fiscal autonomy:
Another important reform under the JRP is the strengthening of the
Judiciary's fiscal autonomy.
 Continuing education and training for judges and court personnel:
The JRP also placed a strong emphasis on continuing education and training
for judges and court personnel. This includes the provision of training programs
on legal and technical skills, as well as professional development and ethics.
RECENT DEVELOPMENT OF
THE PHILIPPINE JUDICIAL
DEPARTMENT
 In recent years, the Philippine judicial department has been making efforts to
improve its efficiency and transparency. One of the most notable developments
was the launch of the electronic court system, which aims to streamline court
processes and reduce the backlog of cases. This system allows court users to file
cases, pay fees, and receive updates on their case status online.
 Another significant development in the Philippine judicial department is the
appointment of Chief Justice Alexander Gesmundo in April 2021. Chief Justice
Gesmundo is known for his advocacy for judicial reforms, including the use of
technology to improve court processes and enhance access to justice.
 Another development is the implementation of the Judiciary Data Archiving
System (JUDAS), which aims to digitize court records and improve access to
case information. This is in line with the JRP's goal of automation of court
processes.
 Virtual court hearings: In response to the COVID-19 pandemic, the Supreme Court of
the Philippines authorized virtual court hearings to be held for cases that can be heard
remotely.
 Judicial budget increase: In 2020, the budget for the Philippine judiciary was increased
by 13.5% to support its programs and projects. This includes funding for the
construction and rehabilitation of courthouses, the hiring of more personnel, and the
procurement of equipment and supplies.
 E-Court system expansion: The Philippine judiciary continues to expand its e-Court
system to improve court processes and reduce case backlogs. The e-Court system
includes electronic filing of cases, digital recording of court proceedings, and online
access to court records.
 Amendments to the Rules of Court: The Supreme Court has made several amendments
to the Rules of Court to simplify court processes and make them more accessible to
the public
 In recent years, the Philippine judicial department has been making efforts to
improve its efficiency and transparency. One of the most notable developments
was the launch of the electronic court system, which aims to streamline court
processes and reduce the backlog of cases. This system allows court users to file
cases, pay fees, and receive updates on their case status online.
 Another significant development in the Philippine judicial department is the
appointment of Chief Justice Alexander Gesmundo in April 2021. Chief Justice
Gesmundo is known for his advocacy for judicial reforms, including the use of
technology to improve court processes and enhance access to justice.
 Another development is the implementation of the Judiciary Data Archiving
System (JUDAS), which aims to digitize court records and improve access to
case information. This is in line with the JRP's goal of automation of court
processes.
SIGNIFICANT OF STUDYING
JUDICIAL DEPARTMENT IN
THE PHILIPPINES
 Understanding the Philippine legal system
 Promoting transparency and accountability
 Addressing challenges and issues
 Improving the administration of justice
 Upholding the rule of law
DAGHANG SALAMAT