Judicial Branch of

Philippine
Government
A Report Submitted to:
DR. MELANIE BRIONES
Professor

By:
Maria Camilla M. Reyes
 Table of Contents:

I. Introduction – The Judicial Branch

II. Judicial Power and Jurisdictions
III. Rule Making Powers
IV. Composition/Structure of Judiciary
Branch
A. Lower Collegiate Courts
B. Regional Courts
C. Muslim Courts
V. Qualifications of a Member of
Supreme Court
VI. Powers of The Supreme Court
VII. Article 8 of 1987 Constitution
VIII. Summary
IX. References
 The Philippine
Government

The Philippine government takes place in an organized framework of a

presidential, representative, and democratic republic whereby the president is
both the head of state and the head of government. This system revolves
around three separate and sovereign yet interdependent branches: the
legislative branch (the law-making body), the executive branch (the law-
enforcing body), and the judicial branch (the law-interpreting body). Executive
power is exercised by the government under the leadership of the president.
Legislative power is vested in both the government and the two-chamber
congress—the Senate (the upper chamber) and the House of
Representatives (the lower chamber). Judicial power is vested in the courts
with the Supreme Court of the Philippines as the highest judicial body.
I. Introduction - The Judicial Branch

In a democracy, the judiciary is the final bulwark of liberty. It protects the poor
and the weak against oppression by the wealthy and the influential. It protects
the right to life, property, and the pursuit of happiness against the tyranny of
violence, or abusive power, or unscrupulous ambitions.

The judicial power is vested in the Supreme Court, as well as in lower courts
as my he established by law. The inferior courts include: the Court of Appeals,
the Court of Tax Appeals; the Regional Trial Courts the Metropolitan Trial
Courts; and the Sandigan bayan, and the Office of the Ombudsman.

Judicial power includes the authority of the courts to hear and settle disputes
and interprets the meaning of laws, applies laws to individual cases, and
decides if laws violate the Constitution. The judicial power shall be vested in
one Supreme Court and in such lower courts as may be established by law.
Such disputes may involve conflicts between or among private persons. They
may also be between private citizens and the government or between one
agency of the government and other.
 II. Judicial Power and Jurisdiction
Under Article VIII, Section1, the judicial power shall be vested in one Supreme
Court and in such lower courts as may be provided by law. This power
includes the duty to settle actual controversies involving rights that are legally
demandable and enforceable and to determine if any branch or
instrumentality of government has acted with grave abuse of discretion
amounting to lack of excess of jurisdiction.

The Supreme Court has both original and appellate jurisdiction. It exercises
original jurisdiction (cases are directly filed with the SC in the first instance
without passing through any of the lower courts) over cases affecting
ambassadors, other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It also
has original jurisdiction over writs of amparo, habeas data and the
environmental writ of kalikasan. It exercises appellate jurisdiction to review,
revise, reverse, modify, or affirm final judgments, and orders of the lower
courts in:

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

The Supreme Court has administrative supervision over all courts and court
personnel. (Article VIII, Section 6) It exercises this power through the Office of
the Court Administrator.

III. Rule-making Powers

The Supreme Court has the exclusive power to promulgate rules concerning
the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the integrated
bar, and legal assistance to the underprivileged. Any such rules shall provide
a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
 IV. Composition/Structure of Judiciary Branch

The judiciary branch of the government is headed by the Supreme Court

which is the highest tribunal in the Philippines. It consists of Chief Justice as
its head and 14 Associate Justices, all appointed by the president on the
recommendation of the Judicial and Bar Council. Other court types of courts,
of varying jurisdiction around the archipelago, are the:

A. Lower Collegiate Courts

1) Court of Appeals

The Court of Appeals, with is composed of a Presiding Justice and 50

Associate Justices, operates in 17 divisions, each comprising three members.
It has jurisdiction in all cases appealed from the Regional Trial Courts, which
are not required to be brought to the Supreme Court. It can also issue writs of
mandamus, prohibition, inhunction, certiorari and habeas corpus.

The members of this court have the same qualifications as those of the
Supreme Court. They can be removed only by impeachment.
 2) Court of Tax Appeals

Composed of a Presiding Judge and two Associate Judges (all appointed by

the President) this court is a highly specialized agency which revies tax cases
and expedites the collection of taxes. It has exclusive jurisdiction to review the
decisions of the commissioners of the bureaus of Customs and Internal
Revenue and the various provincial and city Boards of Assessments.

The decision of this court is appealable to the Supreme Court.

3) Sandiganbayan

The Sandiganbayan, composed of a Presiding Justice and eight Associate

Justices, has jurisdiction over criminal and civil cases involving graft and
corrupt practices and other offenses committed by public officers and
employees, including those in government-owned and controlled corporations,
in relation to their office as may be determined by law.

This is an entirely new court established especially to control graft and

corruption committed by public officials.

B. Regular Courts

1) Regional Trial Courts

There are 15 RTCs established all over the country, based on population.
These courts replaced the Courts of First Instance.

These courts are charged with the adjudication of criminal, civil, juvenile, and
domestic relations, and agrarian and urban land reform cases which do not
fall under the jurisdiction of quasi-judicial bodies and agencies.

1) Metropolitan Trial Courts

These courts adjudicate legal controversies which include criminal cases not
cognizable by the RTCs; cases in violation of ordinances punishable by
imprisonment of not exceeding four years and two months or a fine of not
more than P4,000.00 and civil actions; and probate proceedings where the
value of property or demand does not exceed P20,000.00

These courts took the place of the city and Municipal Circuit Courts.
The decisions of these courts are appealable to the Regional Trial courts.

2) Municipal Trial Courts and Municipal Trial Courts in Cities

Municipal Trial Courts in towns and cities in the Metropolitan Manila area, as
distinguished from other political subdivision in the Philippines, are referred to
as Metropolitan Trial Courts. In cities outside of the Metropolitan Area, the
equivalent of the Manucipal Trial Courts are referred to as Municipal Trial
Courts in Cities.
 3) Maunicipal Circuit Trial Courts

Every Municipality has its own Municipal Trial Court. It is referred to as such if
it covers only 1 municipality; It is called Municipal Circuit Trial Court if it covers
2 or more municipalities.

C. Muslim Courts

1) Sharia District Courts and Sharia Circuit Courts

In some provinces in Mindanao where the Muslim Code on Personal Laws is

enforced, the law provides for 5 Shari’a District Courts which are equivalent to
the Regional Trial Courts in rank and for 51 Shari’a Circuit Courts in the
municipalities therein which gave the rank and level of Municipal Circuit Trial
Courts.

V. Qualifications to become a member of the

Supreme Court:
1. Natural-born citizen of the Philippines;
2. at least 40 years of age;
3. a judge in a court of record for at least 15 years or engaged in the
practice of law in the Philippines for the same period; and
4. a person of proven competence, integrity, probity and independence.
They hold office during good behavior until they reach the age of 70
years or become incapacitated to discharge the duties of their office.
They can be removed only by impeachment. Grounds for impeachment
include conviction of culpable violation of the Philippine Constitution,
treason, bribery, other high crimes, or graft and corruption.

VI. The Supreme Court has the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitons for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm an appeal for certiorari, final
judgements, and decrees of inferior courts.
3. Assign temporariky judges of inferior courts to other stations as public
interest many require;
4. Order a change of venue or place of trial to avoid a miscarriage of
justice.
5. Promulgate rules concerning pleading, practice, and procedure in all
courts, the admission to practice of law, and the integratin of the Bar.
6. Exercise administrative supervision over all the courts of justice and
their personnel.
 7. Discipline judges of inferior courts and, by a vote of at least eight
justices, order their dismissal.
8. Appoint all officials and employees of the Judiciary, in accordance with
the Civil Service Law.

VII. Quasi-Judicial Bodies

A non-judicial body which can interpret law. It is an entity such as an arbitrator
or tribunal board, generally of a public administrative agency, which has
powers and procedures resembling those of a court of law or judge, and
which is obliged to objectively determine facts and draw conclusions from
them so as to provide the basis of an official action. Such actions are able to
remedy a situation or impose legal penalties, and they may affect the legal
rights, duties or privileges of specific parties.

In general, decisions of a quasi-judicial body require findings of facts to reach

conclusions of law that justify the decision. They usually depend on a pre-
determined set of guidelines or criteria to assess the nature and gravity of the
permission or relief sought, or of the offense committed. Decisions of a quasi-
judicial body are often legally enforceable under the laws of a jurisdiction; they
can be challenged in a court of law, which is the final decisive authority

Such bodies usually have powers of adjudication in such matters as:

 breach of discipline
 conduct rules
 trust in the matters of money or otherwise
Their powers are usually limited to a very specific area of expertise and
authority, such as land use and zoning, financial markets, employment law,
public standards, and/or a specific set of regulations of an agency

Key differences between judicial and quasi-judicial bodies, in that:

 Judicial decisions are bound by precedent in common law, whereas quasi-

judicial decisions usually are not so bound;
 In the absence of precedent in common law, judicial decisions may create
new law, whereas quasi-judicial decisions must be based on conclusions
of existing law;[1]
 Quasi-judicial bodies need not follow strict judicial rules of evidence and
procedure;
 Quasi-judicial bodies must hold formal hearings only if mandated to do so
under their governing laws or regulations;[1]
 Quasi-judicial bodies, unlike courts, may be a party in a matter and issue a
decision thereon at the same time.
 VIII. Article 8: Judicial Department
(The 1987 Constitution of the Republic of the Philippines)

SECTION 1
The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.

Judicial power includes 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.

SECTION 2
The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the

security of tenure of its Members.

SECTION 3
The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below the amount appropriated for
the previous year and, after approval, shall be automatically and regularly
released.

SECTION 4
1. The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or, in its discretion, in divisions of
three, five, or seven Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.
2. All cases involving the constitutionality of a treaty, international or
executive agreement, which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of Court are required to
be heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the
 concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
3. Cases or matters heard by a division shall be decided or resolved with
the concurrence of a majority of the Members who actually took part in
the deliberations on the issues in the case and voted thereon, and in no
case, without the concurrence of at least three of such Members. When
the required number is not obtained, the case shall be decided en banc;
Provided, that no doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be modified or reversed
except by the court sitting en banc.

SECTION 5
The Supreme Court shall have the following powers:

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.
2. Review, revise, modify , or affirm on appeal on certiorari, as the law or
the 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.
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.
3. 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 the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance
to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be
 uniform for all courts of the same grade, and shall not diminish, increase,
or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
6. Appoint all officials and employees of the judiciary in accordance with the
Civil Service Law.

SECTION 6
The Supreme Court shall have the administrative supervision over all
courts and the personnel thereof.

SECTION 7
1. No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age and,
must have been for fifteen years or more a judge of a lower court or
engaged in the practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of lower courts,
but no person may be appointed judge thereof unless he is a citizen of
the Philippines and a member of the Philippine Bar.
3. A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.

SECTION 8
1. A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman,
the Secretary of Justice, and a representative of the Congress as ex
officio Members, a representative of the Integrated Bar, a professor of
law, a retired Member of the Supreme Court, and a representative of the
private sector.
2. The regular Members of the Council shall be appointed by the President
for a term of four years with the consent of the Commission on
Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the
private sector for one year.
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the
Council and shall keep a record of its proceedings.
 4. The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall
provide in its annual budget the appropriations for the Council.
5. The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and
duties as the Supreme Court may assign to it.

SECTION 9
The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees prepared
by the Judicial and Bar Council for every vacancy. Such appointments
need no confirmation.

For the lower courts, the President shall issue the appointments within
ninety days from the submission of the list.

SECTION 10
The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law. During
their continuance in office, their salary shall not be decreased.

SECTION 11
The Members of the Supreme Court and judges of lower courts shall hold
office during good behavior until they reached the age of seventy years or
become incapacitated to discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually
took part in the deliberations on the issues in the case and voted thereon.

SECTION 12
The Members of the Supreme Court and of other courts established by law
shall not be designated to any agency performing quasi-judicial or
administrative functions.

SECTION 13
The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the
case is assigned to a Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall be issued and a
copy thereof attached to the record of the case and served upon the
parties. Any Member who took no part, or dissented, or abstained from a
 decision or resolution must state the reason therefor. The same
requirements shall be observed by all lower collegiate courts.

SECTION 14
No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the

court shall be refused due course or denied without stating the legal basis
therefor.

SECTION 15
1. All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission
for the Supreme Court, and, unless reduced by the Supreme Court,
twelve months for all lower collegiate courts, and three months for all
other lower courts.
2. A case or matter shall be deemed submitted for decision or resolution
upon the filing of the last pending, brief, or memorandum required by the
Rules of Court or by the court itself.
3. Upon the expiration of the corresponding period, a certification to this
effect signed by the Chief Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of the case or matter,
and served upon the parties. The certification shall state why a decision
or resolution has not been rendered or issued within said period.
4. Despite 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.
SECTION 16
The Supreme Court shall, within thirty days from the opening of each
regular session of the Congress, submit to the President and the Congress
an annual report on the operations and activities of the Judiciary.

IX. SUMMARY:
Judiciary is the watch dog of the Legislative and Executive Department

Judicial Power
1. Adjudicatory power- power to use law to solve an issue and to determine
the abuses made.
2. Judicial Review- reviewing of the validity of the laws
3. Incidental Power- Judgement of contempt.

Kind of Offense
1. Criminal Case- an offense which affect the community such as killings,
massacre, and etc…
2. Civil Case- an offense which affect two or more individual such as failure to
comply to a contract.

Classification of Court According to Origin

1. Constitutional Court- the Supreme Court, the only Court mandated by the
constitution to be created.
2. Statutory Court- courts created by the law (Lower Court)

Classification of Court According to Case

1. Special Court- court which has a limited jurisdiction
a. Court of Tax Appeal- court which hold the cases related to tax
b. Sandigan Bayan- court which hold the cases related to graft and
corruption.
Has 14 Associate Justices.
c. Court of Appeals- court on which hold the cases being appeal to be
rejudged.
d. Shariah Court- court which holds the cases of civil offenses related to
Muslims.
2. Regular Court- those court which handles those common cases

Composition of Supreme Court

1. One Chief Justice
2. Fourteen Associate Justices

Qualification of a Chief Justice

1. Natural Born Citizen of the Philippines
2. At least 40 years of age
3. Must have 15 years or more been judge of a lower court or engaged in
the practicing law in the Philippines
4. Must be a person of a proven competence, integrity, probity, and
independence.
5. Must be a Member of Integrated Bar of the Philippines

Appointment of a Chief Justice/ associate justices

- A certain list of people must be submitted by the Judicial and Bar Council to
the President.
- The President will appoint the Justices

X. References:

https://pia.gov.ph/branches-of-govt
https://www.officialgazette.gov.ph/about/gov/judiciary/

https://en.wikipedia.org/wiki/Quasi-judicial_body

https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-
the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-viii/