JUDICIAL

DEPARTMENT
 LEARNING OBJECTIVES

1. Define Judicial Power

2. Identify the roles and responsibilities of the Philippines
Judiciary;
3. Discuss how the Judiciary exercise political neutrality and
fairness; and
4. Evaluate the performance of the Philippine Judiciary as a
dispense of justice and a protector of constitutional
safeguards to freedom
 WHAT IS JUDICIAL POWER?

• Article VIII, Section 1 of 1987 Constitution

• Has the power to apply laws to contests or
concerning legally recognize rights
• Duties between the state and private persons, or
to individually litigants in cases properly brought
before judicial tribunal
THREE KINDS OF COURTS IN THE COUNTRY

• The regular courts

• The special courts

• Quasi-judicial courts or quasi-judicial agencies

SCOPE OF JUDICIAL
POWER
 ADJUDICATING
POWER

-The power to settle legal

disputes
 POWER OF
JUDICIAL REVIEW

-The power of Supreme Court

to interpret and make
judgements with respects.
 INCIDENTAL POWERS

-Powers necessary for the discharge

of the judicial function (Tabajen and
Pulma, 2016).
•It is known as the court of last
resort is the highest court.
•Composed of a Chief Justice and
fourteen Associate Justices.
•Appointed by the president.
 .
FUNCTIONS OF SUPREME
COURT
1. Exercise original jurisdiction
over cases affecting
ambassadors, other public
ministers and consuls, and
over petitions for certiorari,
prohibition, mandamus, quo
warranto, and habeas corpus.
 CERTIORARI

Individual action; a writ

issued by a superior
court requiring a lower
court.
 PROHIBITIONS
A written order by which a
superior court commands a .
lower court or a corporation,
board, or a person to desist
from further proceedings.
 MANDAMUS
An order issued by a higher
court commanding a lower
court or corporation to
perform a certain act, which is
duty to do.
 QUO WARRANTO
An action by the government
to recover an office or .
franchise from a corporation
usurping or unlawfully holding
it.
 FUNCTIONS OF
SUPREME COURT

2. Review, revise,
reverse, modify, or
affirm on appeal.
3. Assign temporary judges
of lower courts to other
stations as public interest
may require.
 4. Order a change of venue or
place trial to avoid a miscarriage
of justice.
 5. Promulgate rules
concerning the protection and
enforcement.
 6. Appoints all officials and
employees of the Judiciary in
accordance with the Civil
Service Law.
THE COURT OF APPEALS
The court of Appeals is the
second highest tribunal or legal
court in the country. It is
THE COURT OF APPEALS
composed of sixty-nine (69)
associate justices who are
appointed by the president.
Generally, Court of Appeal
receives, reviews, and resolves
appeals on decisions Regional
THE
Trial COURT
Court. OFAppeal
Court of APPEALS
also
has the power on the issuance of
certain legal documents and
orders.
THE COURT OF TAX APPEALS
Composed of one presiding
justice and five associate justices.
It focuses on reviewing and
resolving appeals of decisions
from the Commissioner of
Internal revenue.
Reviews decisions from the
Commissioner of Internal
Revenue, Commissioner of
Customs, Department of
Finance, and Department of
trade and Industry.
THE SANDIGANBAYAN
It is a special court that has
jurisdiction over civil cases
involving graft and corruption
and other cases committed
officials, public officers and
employees.
THE LOWER COURTS
City and municipal belongs to the
lower court, cases such as
violation of municipal ordinances,
gambling, assault, trespassing,
estafa, and illegal possessions of
firearms.
THE SHARI’A COURT
It has the powers similar to the
regular courts but the subjects
over whom judicial powers
exercised are limited to Muslim
Filipinos.
THE PHILIPPINE JUDICIARY
EXERCISES POLITICAL
NEYTRALITY AND FAIRNESS
Section 15, Article VIII of the 1987 Constitution
provided a timetable for the resolution of the
case brought to the judiciary.
a. Two years for the supreme court
b. One year for the lower collegiate courts; and
c. Three months for all other lower courts.
Despites the expiration of the applicable
mandatory period, the court, without prejudice
to such responsibility as may have been incurred
in consequence thereof, shall decide or resolve
the case or matter submitted thereto for
determination, without further delay.
ASSESSMENT: Analize each statement below. Write TRUE if the statement is correct,
otherwise FALSE. Place your answer in a ¼ sheet of paper

1. The judicial system of the

Philippines is expanded, it 1.

comprises regular courts, special

courts, and quasi-judicial courts.
2. The Sandiganbayan
is the second highest
1.

court or tribunal in the

country.
3. It is important that the
Judiciary is an independent entity,
free from control by anyone
1.

because it reflects the quality of

democracy that the country lives
up to.
4. As the one that dispenses
justice, the Judiciary must
be continuously reform
1.

adapt to changing times.

5. The Judicial branch
never allows transfers of
1.

one judge or case from

one city to another.
6. The Chief Justice is
appointed solely for
1.

the presidents.
7. The jurisdiction of lower
courts is limited to cases on
the violation of municipal
1.

ordinances, trespassing,
gambling, assault, and estafa.
8. The court of Tax Appeals reviews
decisions from the Commissioner of
Internal Revenue, Commissioner of
1.

Customs, Department of Finance, and

Department of trade and Industry.
9. The supreme
Court is also known
1.

as the court of last

resort.
10.Despite the expiration the
applicable mandatory period,
the court shall decide or
1.

resolve the case submitted

thereto for determination
without further delay.