The Philippine

Judiciary
LESSON 1
LESSON OBJECTIVES
 explain judicial power;
 understand the expanded meaning of the judicial power
under the 1987 Philippine Constitution;
 discuss the composition of the Supreme Court;
 identify the powers of the Supreme Court;
 differentiate courts in the Philippines; and
 analyze the performance of the judicial branch of the
government in relation to different issues and concerns of
the Filipino people.
Judicial Power
 Judicial power refers to the power to interpret the law and
to settle legal cases.
 In particular, judicial power has been described by the
present 1987 Philippine Constitution as: 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 (Sec. 1, Art. VIII).
Judicial Power
 Judicial power refers to the power to interpret the law and
to settle legal cases.
 In particular, judicial power has been described by the
present 1987 Philippine Constitution as: 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 (Sec. 1, Art. VIII).
Judicial Power
 The judicial power in the government is vested in the
Supreme Court and in such lower courts as may
established by law (Sec1, Art. VIII).
 The lower courts in the country are created by virtue of a
law enacted by Congress such as the Judicial
Reorganization Act of 1980 and by Presidential Decree No.
1083 of President Marcos which created the Shariah
courts for Filipino Muslims.
Judicial Power
 The judicial power in the government is vested in the
Supreme Court and in such lower courts as may
established by law (Sec1, Art. VIII).
 The lower courts in the country are created by virtue of a
law enacted by Congress such as the Judicial
Reorganization Act of 1980 and by Presidential Decree No.
1083 of President Marcos which created the Shariah
courts for Filipino Muslims.
Expanded Meaning under the 1987
Constitution
 Under the 1973 Constitution, the judicial power was vested in
one Supreme Court and lower courts but its scope was only
limited to interpreting laws and deciding legal disputes but not
reviewing any decision done with grave abuse of discretion by
any government agency or instrumentality. In practical terms,
the old definition did not allow the courts, especially the
Supreme Court, to directly entertain petitions for review or
certiorari for a decision rendered by any government officer
perceived by an aggrieved party to be biased or done with
grave abuse of power.
Expanded Meaning under the 1987
Constitution
 A certiorari is a writ issued to annul or modify the
proceedings, as the law requires, of a tribunal,
board, or officer exercising judicial functions, who
has acted without or in excess of its jurisdiction, or
with grave abuse of discretion, there being no
appeal, nor any plain, speedy, and adequate
remedy in the ordinary course of law” (Moreno
1972: 94).
Composition of the Supreme Court
Composition of the Supreme Court
◦As a general rule, justices of the Supreme Court decide
criminal, civil and administrative cases by divisions unless
provided by the rules that they should decide as one
collegiate body or in an en banc session. At present, 15
justices of the Supreme Court sit in 3 divisions with 5
members for each division. The First division is headed by
the Chief Justice, the second division by the most senior
associate justice, and third division by the second most
senior justice.
Composition of the Supreme Court
More serious legal matters which have significant impact
on the country are heard and decided by en banc such as:

A. All cases involving the constitutionality of a/an:

1. Treaty
2. International Agreement
3. Executive Agreement
4. Law
Composition of the Supreme Court
 The qualification of the members of the judiciary includes the
minimum age of 40 years, natural-born citizen, a member of the
Philippine bar, at least 15 years of experience as a judge or practicing
lawyer, and a person of proven competence, integrity, probity, and
independence.
 The Judicial and Bar Council (JBC) is tasked by the Constitution to
screen the applicants to the judiciary. In the case of the justices of the
Supreme Court, the JBC submits to the President a short list of
qualified candidates. The President is the appointing officer for
members of the judiciary.
Powers of the Supreme Court
Original Jurisdiction

Under Article VIII, Section 5 (1), the Supreme Court shall

have the power to exercise original jurisdiction over (1) cases
affecting ambassadors, other public ministers and consuls, and over
(2) petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
Powers of the Supreme Court
Appellate Jurisdiction
Under Article VIII, Section 5 (2), the Supreme Court shall
have the power to review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or Rules of Court may provide, final
judgments and orders of lower courts in:
1. All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.
Powers of the Supreme Court
Appellate Jurisdiction
2. All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
5. All cases in which only an error or question of law is involved.
Powers of the Supreme Court
Appellate Jurisdiction
2. All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
5. All cases in which only an error or question of law is involved.
Powers of the Supreme Court
Administrative Powers

Under Article VIII, Section 5 (3,4,5,6), the Supreme Court

does not only interpret the law and decide cases, but it also
exercises administrative powers to supervise all the courts of the
land as well as the admission and practice of law
by lawyers. Thus, the Supreme Court can:
Powers of the Supreme Court
Administrative Powers

1. 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 judge concerned.

2. Order a change of venue or place of trial to avoid a miscarriage

of justice.
Powers of the Supreme Court
Administrative Powers

3. Appoint all officials and employee of the Judiciary in accordance

with the Civil Service Law.
4. Promulgate rules concerning:
(i) the protection and enforcement of constitutional rights;
(ii) pleadings in courts;
(iii) the practice of law by lawyers;
(iv) procedure in all courts;
(v) the admission to the practice of law;
(vi) the integrated Bar; and
(viii) legal assistance to the underprivileged.