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Philippine Courts, Justices and Judges

POLITICS AND GOVERNANCE WITH THE NEW CONSTITUTION

FAR EASTERN UNIVERSITY

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The Final Arbiter: Supreme Court

Whats up?
The supreme law of the land decrees that the judicial power be vested in one Supreme Court and such lower courts as may be established by law. [Section 1, Art. VIII, 1987 Constitution). Thus the Supreme Court of the Philippines composed of 14 Associate Justices and one Chief Justice is established.

Supreme Court has the authority to review, revise, reverse, modify, or affirm on appeal or certiorari, as the Rules of Court may provide, final judgments and orders of lower courts in:

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. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. All cases in which the jurisdiction of any lower court is in issue. All criminal cases in which the penalty imposed is reclusion perpetua or higher. All cases in which only an error or question of law is involved.

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Special Graft Court: Sandiganbayan

Whats up?
A special Graft court, the Sandiganbayan, composed of a Presiding Justice and 14 Associate Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including those employees in government-owned or controlled corporations.
Sandiganbayan exercises exclusive original jurisdiction in all cases involving:
Violations of RA 3019, as amended, otherwise known as the Anti-Graft and corrupt Practices Act, RA 1379 and Chapter II, Sec 2, Title VII, Book II of the RPC; Violations of the law on Plunder and Anti-Money Laundering Act of 2001 committed by the aforementioned public officials and employees in relation to their office; Other offenses and felonies whether simple or complexed with other crimes committed by the aforementioned public officials and employees in relation to their office; Civil and Criminal cases filed pursuant to and in connection with EO 1, 2, 14 and 14-A issued in 1986; Petition for the issuance of writs of mandamus, certiorari, habeas corpus, injunction and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar in nature, including quo warranto, that may arise in cases filed under EO 1, 2, 14, 14-A issued in 1986: Provided, that the jurisdiction over these petitions shal not be exclusive of the Supreme Court.

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The Muslims Courts: The Sharia

Whats up?
PD 1083 recognizes the legal system of the Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more effective. The Sharias Courts under the Muslim code are equivalent to the Municipal Circuit Trial Courts with Jurisdiction over Muslim Filipinos in Mindanao. Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts which were established in certain specified provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. Composed of three-tier hierarchy: Sharia Appelate Court, the Sharia District Court and the Sharia Circuti Court.

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Appellate Court: The Court of Appeals

Important
Vested with general appellate jurisdiction over the decisions of the Regional Trial Courts and specific quasi-judicial agencies, boards or commissions. (Rule 40-43 of the 1997 Rules of Procedures, National
Amnesty Commission, the Ombudsman and the National Labor Relation Commission.)

Composed of a Presiding Justice and 68 Associate Justices. Sitting Procedure:

The justices sit in divisions composed of three members.

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Special Appellate Courts: Court of Tax Appeals

Whats up?
A special collegiate court, created by RA 1125 (as amended by RA 9282,) the Court of Tax Appeals is composed of a Presiding Judge and 5 Associate Judges vested with the exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs on civil and criminal tax cases filed by private persons.

The CTA has authority to review by appeal the following:

Decisions of the Commissioner of the Internal Revenue in cases involving disputed assessment, refunds of Internal Revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other law or part of the law administered by the BIR; Decisions of the Commissioner of Customs in cases involving liability for custom duties, fees or other money charges; seizures, detentions or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Custom Law or other law or part of law administered by the Bureau of Customs; Decisions of the Secretary of Finance, such as in the imposition of dumping or countervailing duty, and in automatic review, cases where such decision of the Secretary of Finance is adverse to the taxpayer.

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Courts of General Jurisdiction: REGIONAL TRIAL COURTS

Whats up?
These courts have authority to try cases, without limitations as to the issue or monetary restrictions, to which Municipal, Metropolitan and Municipal Circuit Trial Courts are subjected to. Thus Civil claims or Criminal prosecutions which involves an amount of money or a potential criminal sentence, beyond the jurisdiction of Municipal, Metropolitan and Municipal Circuit Trial Courts must be filed and heard in this Court.

Important:
RTCs are single, or monojudge. There is 1 RTC for each of the 13 judicial regions. All in all, there are 958 RTC branches in 13 judicial regions.

R.A. 7961 expands the RTC exercise of exclusive original jurisdiction in civil cases:

Civil Action Criminal Action Special Proceedings

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Courts of Limited Jurisdiction: Municipal and City Courts

Whats up?
Municipalities in the Philippines have their own Municipal Trial Court, which try cases limited to civil suits involving relatively smaller amounts of money and minor violations of criminal laws. Labeled as inferior courts, they hears and adjudicate most of the controversies that occur in the Community and these are the courts closest to the people. They are referred to as Municipal Trial Court (MTC) if one covers only one municipality; otherwise, it is called Municipal Circuit Trial Court (MCTC) if it covers two or more municipalities.

Important:
Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts (MeTC).

The equivalent of the Municipal Trial Courts in cities outside Metropolitan Manila is referred to as Municipal Trial Courts in Cities (MTCC).

The Judiciary: Powers and Functions

Judicial Functions Law-making Functions Guardship of the Constitution Advisory Jurisdictions Protector of the Fundamental Rights Supervisory Function Non-Judicial Function

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Judiciary: Extraordinary Writs

Writ of Certiorary Writ of Mandamus Writ of Prohibition Writ of Habeas Corpus Writ of Amparo Writ of Habeas Data Quo Warranto