LESSON 8

THE JUDICIAL
DEPARTMENT
"The Judiciary has no influence over
either the sword or the purse; no
direction either of the strength or the
wealth of the society, and can take no
active resolution whatever. It may truly
be said to have neither force nor will."

- Alexander Hamilton
The judicial
Department This course focuses on the in-depth
understanding of the development of the
Philippine judicial system. In this lesson, it will
cover topics such as justices and judges'
qualifications, scope of judicial power, and
judicial organizational structure.
At the end of the lesson, the
students are able to:
1. Identify the roles and responsibilities of the
Philippine Judiciary.
2. Discuss how the Judiciary exercises political
neutrality and fairness.
3. Evaluate the performance of the Philippine
Judiciary as a dispenser of justice and a
protector of constitutional safeguards to
freedom.
 Section 1
ARTICLE VIII
JUDICIAL Judicial power will be vested in the Supreme
Court and all lower courts
DEPARTMENT
 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. e final arbiter o Judicial

 Power - The power to apply the laws to contests

or disputes concerning legally recognized rights
and duties between the state and private
persons, or to individual liti- gants in cases
properly brought before judicial tribunals.
Entails two activities:
1. Settling legal controversies
2. Determining whether there has been gave abuse of
discretion amounting to lack or Excess of jurisdiction
by any branch of government
Scope of Adjudicating Power - The power to
Judicial settle legal disputes.

Power Power of Judicial Review - Refers to the

power of the Supreme Court to interpret
and make judgments with respect to the
law
Incidental Powers - Powers necessary
for the discharge of the judicial function.
 THREE KINDS OF COURTS IN
COUNTRY
1. Supreme Court - The highest court in the
land
2. Regular Court-Appellate Court, Regional
Trial Court, etc.
3. 3. Quasi-Judicial Bodies - NLRC, SEC, etc.

Note: Each court has its own

jurisdiction
 COMPOSITION
• ONE CHIEF JUSTICE
• FOURTEE ASSOCIATE JUSTICES
 A. JUSTICE OF THE SUPREME COURT
QUALIFICATION  Must be a natural born citizen of the
Philippines
 At least 40 years old
 5 years or more as a judge of a lower court or
engaged in the practice of law in the Philippines
 Must be a person of proven competence,
integrity, probity and independence.
 B. JUDGES OF THE LOWER COURTS
QUALIFICATION  A citizen of the Philippines
A member of the Philippine Bar
Must be a person of proven competence,
integrity, probity and independence.
 TENURE OF OFFICE
 Members of the Supreme Court (SC) and judges of the
lower courts shall enjoy their office during good
behavior
 Members of the SC shall enjoy the position until they
are removed in the long and complicated process of
impeachment
 Hold office until they reached 70 years or become
incapacitated
 Until dismissed by members of the SC for a probable
cause
 A. Cases involving ambassadors and public
ministers. Petitions for certiorari, mandamus, quo
Power of the warranto, prohibition & habeas corpus
Supreme Court 1. Certiorari - individual action; a writ issued by a superior
court requiring a lower court or a board of officer exercising
judicial function to transmit the records of a case to the
higher tribunal for purposes of review

2. Prohibition - a written order by which a superior court

commands a lower court or a corporation, board, or a person
to desist from further proceedings in action or matter

3. Mandamus - an order issued by a high court commanding a

lower court or a corpo- ration board, or person to perform a
certain act, which is its duty to do. It orders a compliance or
performance of an act.

4. Quo warranto- an action by the government to recover an

office or franchise from an individual or corporation
usurping or unlawfully holding it.
 2. Review judgments of lower courts. Cases
Power of the involving constitutionality, legality of any tax,
reclusion perpetua and errors on questions of law
Supreme Court
3. Assignment of judges to the lower courts
4. Order a change of venue for a trial
5. Promulgate rules of court
6. Appoint officials of the judiciary and hire
employees for the judicial branch
JUDICIAL AND BAR COUNCIL
• Tasked to nominate appointees to the Judiciary

COMPOSITION
• Chief Justice
• Secretary of Justice
• Representative from Congress
• IBP Representative
• Professor of Law
• Private Sector Representative
RENDERING COURT DECISION
 Once a decision is reached, an SC Justice is assigned to
write an opinion

 The opinion is certified by the Chief Justice and served

on the parties concerned

 Dissentions and abstentions must be explained

 The view must explain facts of law

 Court of Tax Appeal. It has exclusive
SPECIAL jurisdiction over tax appealed by private
citizens and commercial firms who protect the
COURTS amount of taxes imposed.
Sandiganbayan. It decides cases involving graft
and corruption by government and employee
Ombudsman .Investigates cases of graft and
corruption. Otherwise known as Tanod bayan