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Republic of the Philippines

Region 2
DEPARTMENT OF EDUCATION
Sandiat National High School

THE JUDICIAL BRANCH OF


THE PHILIPPINES

Submitted by:

GROUP 2

Aira Janine Macasaddu


Mark Anthony Quinto
Tristan Antonio
What is judiciary?
-Also known as the judicial system or court system.
-It is the system of courts that interprets and applies the law in the name of the state.
-It is also provide a mechanism for the resolution of disputes.
The judiciary is the branch of government which administers justice according to law.
The term is used to refer broadly to the courts, the judges, magistrates, adjudicators and
other support personnel who run the system.
The courts apply the law, and settle disputes and punish law-breakers according to the
law.This branch of the state is often tasks with ensuring equal justice under law.
It is usually consist of a court of final appeal called “The Supreme Court” or
“Constitutional Court”,together with lower courts.
The judiciary generelly does no make law (this is, in a plenary fashion ,which is the
responsibility to the legislature) or enforce law ( which is the responsibility of the
executive).

The Supreme Court of the Philippines


(Filipino: Kataas-taasang Hukuman ng Pilipinas) or simply referred to by its colloquial
name as Korte Suprema, is the highest court in the Philippines. The Court was
established by the second Philippine Commission in June 11, 1901 through the
enactment of Act No. 136, an Act which had abolished the Real Audiencia de Manila.
The judicial power is vested in the Supreme Court of the Philippines and lower courts
established by law. The Supreme Court, which has a Chief Justice as its head and
14 Associate Justices, occupies the highest tier of the judiciary. The justices serve until
the age of 70. The justices are appointed by the president on the recommendation of the
Judicial and Bar Council of the Philippines. The sitting Chief Justice is Lucas Bersamin,
the 25th to serve in that position.

Qualifications
 According to the Constitution, for a person to be appointed to the Supreme Court,
he must be:
 a natural-born citizen of the Philippines;
 at least forty years of age, and
have been for fifteen years or more a judge of a lower court or engaged in the
practice of law in the Philippines.
Composition and manner of appointment
Pursuant to Article VIII of the 1987 Constitution of the Philippines, the Court is
composed of the Chief Justice and of the fourteen Associate Justices, all of whom are
appointed by the President from a list of nominees made by the Judicial and Bar Council.
An appointment to the Supreme Court needs no confirmation of the Commission on
Appointments as the nomination is already vetted by the Judicial and Bar Council, a
constitutionally-created body which recommends appointments within the judiciary.
Upon a vacancy in the Court, whether for the position of Chief Justice or Associate
Justice, the President fills the vacancy by appointing a person from a list of at least 3
nominees prepared by the Judicial and Bar Council.

Retirement
The 1987 Constitution of the Philippinesprovides that:
"SECTION 11. The Members of the Supreme Court xxx shall hold office during good
behavior until they reached the age of seventy years or become incapacitated to
discharge the duties of their office."
Supreme Court Justices are obliged to retire upon reaching the mandatory retirement
age of 70. Some Justices have opted to retire before reaching the age of 70, such
as Florentino Feliciano, who retired at 67 to accept appointment to the Appellate Body of
the World Trade Organization and Alicia Austria-Martinez who retired at 68 due to health
reasons.

Rule-making power
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.
(Art. VIII, §54(5)).

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