JUDICIAL

BRANCH
GROUP 3
AT THE END OF THE LESSON, STUDENTS ARE
EXPECTED TO ANSWER THE FOLLOWING QUESTIONS;

• What are the primary functions of the Philippine

Judiciary?

• How are the courts in the Philippines organized?

• What is due process and how is this upheld by the courts?

• Why is it important to protect the rights of the accused?

The Philippine • The constitution defines judicial power as
Judiciary and the power to interpret and apply laws.
its Functions
• The judicial branch is considered the
“supreme arbiter,” or judge and mediator of
controversies and disputes on law and the
rights of citizens.

• The judiciary decides on the validity,

legality, and constitutionality of newly-
approved laws.
The Philippine • They considered if the law or rule is
Judiciary and unconstitutional or might undergo change or
its Functions replacement.

• The judiciary also decides on policies that are

contested between the other two branches of
government.

• It uses judicial power to settle disputes which

are bought before it, they determine violations
committed by citizens and prescribes the proper
sanctions for it.
The Supreme Court
The Judicial branch of the Philippine government is
embodied by the Supreme Court
• The Supreme Court is the highest Court in the land
and it supervises all the other courts in the country.
• The courts in the Philippines are empowered to hear
legal cases and render judgement on them.
• All courts, from the lower courts up to Supreme
Court, possess the power of original Jurisdiction.
• Higher Courts have the power of appellate
jurisdiction, which means that they are able to
review and evaluate the decisions made by lower
courts.
 The Supreme Court
• The Supreme Court exercises jurisdiction on cases
involving the constitutionality of laws, treaties, and
executive agreements, as well as the constitutionality and
application of presidential decrees, proclamations, orders
and other executive pronouncements.
• It exercises original jurisdiction on cases involving
ambassadors, ministers, and consuls.
• It exercises appelatte jurisdiction on cases involving
questions on taxation; criminal cases with a penalty of life
imprisonment or higher; and cases involving questions of
law such as constitutionality of ordinances or regulatiions;
and cases where the jurisdiction of the lower court is an
issue
The Supreme Court
• The power of the Supreme Court come with a set of
limitations as well
• The Congress are the ones who decide on the
requirements for membership in lower courts.
• Congress also constitutes the ‘Commission on
Appointments, which determines the Judicial and
Bar Council members, the body tasked with
recommending the nominees for membership in the
Supreme Court.
• Meanwhile, the final authority in selecting and
appointing the Justices of the Supreme Court
belongs to the President.
The Supreme Court
• The Supreme Court is Composed of the Chief
Justice and fourteen (14) Associate Justice.
• Among the 14 justices, one is recognized as the
Senior Associate Justice.
• The chief Justice presides over the hearings
conducted by the Supreme Court.
• He or she also certifies the decisions made by the
Court.
• The Chief Justice is also the Chairman of the
Judicial and Bar Council.
The Supreme Court

• The Chief Justice also serves as the chief presiding

officer in impeachment trials.
• If the Chief Justice is absent for any reason, the
Senior Associate Justice acts as the presiding officer
in his/her place.
• Meanwhile, the Supreme Court can make a decision
or conduct a hearing either en banc – as a whole,
with all the fifteen members hearing cases – or in
divisions of three, five or seven justices.
 • In order to become a part of the
Membership in judiciary, an individual must first be a
the Judiciary practicing lawyer. Practicing lawyers
possess a Bachelor of Laws (LL.B.) or
and Supreme Doctor of Laws (J.D.) degree,
Court
• Have passed the nationally held Bar
examinations which are administered
by the Philippine Bar Association and
supervised by the Supreme Court.
• Lawyers normally act as legal counsels
for parties that require court hearing
and judicial decisions, whether for
private or public institutions.
Membership in • Practicing lawyers may then
become a judge of a Philippine
the Judiciary court through a rigorous
and Supreme appointive process.
Court • This process differs depending on
the type of court where a judge
may be appointed.
• As already mentioned, Congress
sets the qualifications for
membership in the lower courts.
• In the case of the Supreme Court,
its Justices are appointed by the
President.
Membership in • The potential nominees for
appointment in these positions are
the Judiciary chosen and screened by the Judicial
and Supreme and Bar Council (JBC).
Court • The JBC is composed of members
from the three government branches
namely, the Chief Justice, the
Secretary of Justice, and a member of
Congress; a retired Supreme Court
Justice; a law professor; a member of
the Integrated Bar of the Philippines;
and a representative from the general
public.
Membership in Judicial and Bar screens applicants for membership
in the Supreme Court based on four qualifications:
the Judiciary
(1) competence, which involves the educational
and Supreme background and legal experience of the applicant;
Court (2) integrity, which entails a background check and
positive testimonies regarding the applicant
(3) probity and independence, which signifies
assurance that the applicant does not aim to serve
private interests as a Supreme Court Justice
(4) sound physical, mental, and emotional
condition, which would require favorable results in
psychological and general medical examinations.
Membership in • Appointed members of the Supreme
Court and other Philippine courts are
the Judiciary mandated by the Constitution to hold
and Supreme office until they reach 70 years old, or
Court become incapacitated to perform their
responsibilities
• Supreme Court Justices may be
removed from office through the
process of impeachment.
• The Senate conducts the impeachment
trial for the Justices, with the Senate
President as the presiding officer.
The Court of Appeals and Lower Courts
of the Philippine Judiciary
• The Supreme Court administers a network of courts
throughout the country that undertakes the task of
exercising the powers and responsibilities of the
Judiciary.
• The Court of Appeals is the second highest court in the
country, and it primarily exercises appellate
jurisdiction over the decisions of regional trial courts.
• It also reviews administrative cases involving the
Ombudsman and the Department of Justice, as well as
the decisions of government agencies exercising quasi-
judicial functions, including the Office of the President.
The Court of Appeals and Lower Courts
of the Philippine Judiciary

• The Court of Appeals also conducts an

intermediate review of criminal cases
where the penalty is life imprisonment or
death before it is elevated to the Supreme
Court.
• The court consists of one Presiding Justice
and sixty-nine (69) Associate Justices, who
are then grouped into twenty-three (23)
divisions of three justices each.
The Court of Appeals and Lower Courts
of the Philippine Judiciary

• The lower courts in the country are organized

based on the area of jurisdiction.
• Regional Trial Courts (RTCs) are categorized into
thirteen judicial regions from Luzon to Mindanao.
• In turn, each province in these judicial regions
(including Metro Manila) has RTC branches.
• The number of RTC branches may depend on the
size of the population of the province or city.
The Court of Appeals and Lower Courts
of the Philippine Judiciary

• Municipal Trial Courts (MTCs) have

jurisdiction over municipalities or towns.
• If two or more municipalities are covered
by an MTC, it becomes a Municipal
Circuit Trial Court (MCTCs).
• In the case of the cities in Metro Manila,
the MTCs are referred to as Metropolitan
Trial Courts (MeTCs).
Specialized • There are also courts in the Philippines
Courts and which have jurisdiction over cases of a
special nature.
Quasi-Judicial
Bodies in the • The Sandiganbayan is one specialized
court that hears cases involving
Philippines violations committed by public officials,
excluding the President, Vice-President,
Supreme Court Justices, and the
Ombudsman.
• These cases relate to crimes such as
graft, corruption, bribery, and plunder,
among others.
• The Sandiganbayan is composed of one
Presiding Justice and fourteen (14)
Associate Justices.
Specialized
Courts and • Another specialized court in the
Philippines is the Court of Tax
Quasi-Judicial Appeals which hears cases
Bodies in the concerning tax collection.
Philippines • This Court also hears cases on real
estate properties (such as lands
and establishments), as well as
trade fees and fines.
• The Court of Tax Appeals consists
of one Presiding Justice and eight
Associate Justices.
Specialized • There are also courts that hear cases on
Courts and violations of Islamic Law (Shari’a).
Quasi-Judicial • These courts are the Shari'a District
Bodies in the Courts (SDCs) and Shari'a Circuit
Philippines Courts (SCCs).
• The SDCS have judicial power
equivalent to that of the RTCs.
• the SCCs have judicial power
equivalent to that of the MCTCs,
possessing jurisdiction over more than
one municipality.
Specialized
Courts and
• Aside from these specialized
Quasi-Judicial courts, the government also has
Bodies in the quasi-judicial bodies
Philippines • Government agencies and
offices that do not belong to the
judiciary but perform some of
their functions, such as
arbitration and settling of
disputes, and the rendering of
judgment on certain cases.
Specialized • An example of a quasi-judicial body in
Courts and the Philippines is the National Labor
Relations Commission (NLRC). It has
Quasi-Judicial divisions that have jurisdiction over the
Bodies in the different regions of the country.
Philippines • It is an office under the Department of
Labor and Employment (DOLE) that
hears cases concerning employer and
employee relations.
• These divisions are then divided into
Regional Arbitration Branches (RABS),
which have labor arbiters who hear and
decide on cases filed in the NLRC.
Specialized • Another quasi-judicial body is the
Department of Agrarian Reform
Courts and Adjudication Board (DARAB).
Quasi-Judicial
• It is an office under the Department
Bodies in the of Agrarian Reform (DAR) that hears
Philippines and resolves cases regarding agrarian
reform.
• These cases often involve disputes
over agricultural lands, the eviction of
land tenants, the determination of
title or the owner of a parcel of land,
and the verification of boundaries of
a certain property.
Due Process and Jurisprudence
• All courts that constitute the Judicial
Branch are expected to uphold due process
at all times.
• This means that the courts are mandated
to maintain fairness in all judicial
processes, and recognize and protect the
rights of an individual involved in a case,
whether it is the complainant (the
"victim") or the accused (the "defendant"
or "respondent").
Due Process and Jurisprudence
• Due process is ensured in the courts through
precedent and jurisprudence
• Precedent refers to the principle or rule
established by an original or previous legal
case which then defines subsequent rulings
in other cases.
• Jurisprudence refers to the study of the
nature of laws.
Due Process and Jurisprudence

• Precedent and jurisprudence establish the

rules and procedures of the courts to ensure
due process when addressing legal cases
• Due process is particularly important in
addressing criminal cases since it is the
freedom of the accused that is at stake.
• All rights of the accused are respected
throughout the conduct of the investigation
and court proceedings.
 • The criminal procedure is a legal
mechanism implemented in the
Criminal investigation and prosecution of
Procedure criminal cases.
• The criminal procedure starts with the
filing of a case or a complaint through a
law enforcement body, such as the
Philippine National Police (PNP) or the
National Bureau of Investigation (NBI).
• The specific investigative body then
gathers evidence regarding the
complaint, including testimonies from
witnesses, and objects relevant to the
crime or the offense.
 • If the crime or offense is punishable by
imprisonment for at least four years,
Criminal two months, and one day, the complaint
is forwarded to a prosecutor for
Procedure preliminary investigation.
• Through the preliminary investigation,
it is determined whether there is
sufficient ground to believe that a crime
has been committed and that the
accused is guilty of it.
• Preliminary investigation also
guarantees that the accounts of the
crime by both the complainant and the
accused are considered before the
procedure goes any further.
 • If the preliminary investigation reports
that there is sufficient cause for a trial,
Criminal the complaint is then forwarded to
either the MTC or the Regional Trial
Procedure Court (RTC). If there is no cause for
trial, the prosecutor dismisses the case.
• Once the case is forwarded either to
the MTC or RTC, the presiding judge
reviews the preliminary investigation
report.
• The judge may dismiss the case if he or
she finds insufficient grounds to
proceed to trial.
 • If the report is deemed sufficient, an
arrest warrant is issued against the
Criminal accused.
Procedure • The accused is then arrested and
placed in custody. While under arrest,
the accused has a right to counsel and
to bail.
• Bail is a payment given by the accused
to secure his or her release from
custody, provided that he or she
appears before the court when
required, along with other conditions
that may be imposed by the court
 • If the accused does not comply with the
conditions set by the bail, the money
Criminal paid is forfeited and the accused will be
Procedure arrested.
• The amount and conditions of the bail
are determined by the court
• The court does not grant bail to
persons accused of capital crimes or
crimes punishable by life
imprisonment or higher.
• Bail is also denied to the accused in
cases where the evidence of guilt is
strong.
 • Upon arrest, the accused is now subject
Criminal to the judicial process.
Procedure • The process starts with arraignment,
where the accused is brought to court,
the complaint is read, and the accused
is asked to enter a plea.
• If the accused pleads guilty to the
offense, he or she will be penalized.
• If the accused pleads not guilty, the
court proceeds to the pre-trial phase
where the facts relating to the crime
are once again reviewed
 • The trial commences thirty days from
the end of the pre-trial.
Criminal • The prosecutor presents the case, calls
Procedure witnesses to give their testimonies, and
presents the corresponding evidence of
the crime.
• The accused is given the opportunity to
examine any evidence and testimony
given against him or her.
• The accused is then given the
opportunity to provide testimony and
present evidence in his or her behalf,
which are then examined by the
prosecutor.
 • The judge then declares the court in
recess to deliberate and formulate the
Criminal decision.
Procedure • The recess may last several weeks until
such time that the judge has completed
his or her deliberations.
• The court then resumes and calls both
parties to render the decision.
• If the accused is declared "not guilty,"
he or she is immediately released
• if the accused is found guilty of the
crime, he or she becomes subject to legal
sanctions as determined by the court.
 • The law provides a number of remedies
to the accused such as the filing of a
Criminal motion for reconsideration or appeal
Procedure • A motion for reconsideration is a
request by the accused for a new trial
based on the following reasons:
• (1) if the rights of the accused were
violated or there were irregularities
committed during the trial
• (2) if there is newly-discovered
evidence that may affect the judgment
rendered.
 • An appeal means that the decision on
Criminal the case may be elevated to the next
Procedure higher court for review.
• The Court of Appeals hears all cases
on appeal, and calls the counsels for
the accused and the respondent to
argue the merits of the case and the
decision rendered.
• The court may reverse, affirm, or
modify the decision of the lower
court.
 • It may also return the case to the
Criminal lower court for a retrial or even
Procedure dismiss the case.
• If the case involves a crime with the
penalty of life imprisonment or
death, it will forward the case and its
decision to the Supreme Court.
• The Supreme Court then reviews the
case and renders its decision, which
is considered final, irreversible, and
binding,
The Rights of the Accused

• The accused is granted several rights

throughout the criminal proceedings and
trial
• These rights are based on the constitutional
rights of the accused outlined in Article III of
the Constitution and are further defined in
Rule 115 of the Revised Rules of Criminal
Procedure
The Rights of the Accused
These are:
• (1) The right to be presumed innocent until
proven guilty
• (2) The right to be informed of the nature and
cause of the accusation he or she is facing
• (3) The right to personally defend himself and
take part in all of the phases of the criminal
procedure
• (4) The right to testify as a witness on his or
her own behalf
The Rights of the Accused
• (5) The right to refuse to testify against him or
herself
• (6) The right to confront and cross-examine the
witness against him or her at the trial
• (7) The right to be guaranteed of the attendance
of witnesses and production of other evidence in
his behalf
• (8) The right to be guaranteed of a speedy,
objective, and transparent trial
• (9) The right to appeal in all cases allowed and in
the manner prescribed by law
The Rights of the Accused

• The courts and all officers of the law are

required to exert the utmost effort to uphold
these rights to ensure that due process is
observed throughout the criminal procedure
and that the judiciary performs its
obligations as mandated by law.
Barangay • The judiciary has set in place a
system of arbitration and dispute
Justice System settlement in the barangays in an
effort to provide communities a
means to amicably settle disputes
without proceeding to litigation in
the courts.
• This arbitration body is called the
Lupong Tagapamayapa.
• The Lupon is not a court of law and
thus could not render judgment
legal cases.
Barangay • The conduct of its mandate to settle
disputes among members of the
Justice System community, it may give legal advice
and render certain judgments of fact
in the cases brought before it.
• The purpose of instituting an
arbitration and dispute settlement
body is to minimize the number of
cases brought before the courts.
Most could be resolved if the
respective parties engage in
amicable dialogue.
Barangay
• If the parties succeed in resolving
Justice System the dispute the barangay certifies
this through a statement of
conciliation.
• If not, this is the time when the
Lupong Tagapamayapa is
authorized to forward the case to
the city or municipal court. With
this, the complaint now becomes
subject to the criminal procedure
already discussed.
Class rules
• Explain the behavior you expect in your classroom.

• Your class rules might include:

o Be respectful.
o Be responsible.
o Follow directions.
o Be punctual.
o Be organized.
o Be a self-starter.
o Be prepared.