JUDICIARY

Is the system of courts that

interprets and applies the law
in the name of the state. The
Judiciary can also be thought of
the mechanism for the
resolution of disputes.
 Judicial
Power rests with the
Supreme court and the lower courts,
as established by law ( Art.VIII, Sec. 1
of the 1987 constitution). Its duty is
to settle actual controversies
involving rights which are legally
demandable and enforceable (Art.VII
Sec. 1 and 2)
RULES AND PROCEDURES
 The rules of court of the Philippines, as
amended and the rules and regulations
issued by the Supreme Court, defined the
rules and procedures of the Judiciary. This
rules and regulations are in the form of
administrative matters, administrative
orders, circulars, memorandum circulars,
memorandum orders, and OCA circulars.
APPOINTMENTS TO THE
JUDICIARY
 By virtue of Art.VIII, Sec. 8, appointments
to the Judiciary are made by the president
of the Philippines based on a list
submitted by the Judicial and Bar council
which is under the supervision of the
Supreme Court
SUPREME COURT
(Kataas-taasang Hukuman ng Pilipinas)
 Is the highest court in the philippines. It is
presided over by a chief justice and its
compose of 15 justices, including the chief
justice.
 Pursuant to the provisions of the 1987
constitution is composed of a Chief
justice and 14 associate justices who
serve until the age of 70.
TYPES OF COURTS
• LOWER COLLEGIATE COURTS
 Court of Appeals
 Court of Tax Appeals
 Sandiganbayan
COURT OF APPEALS
 Second highest tribunal in the country,
which was established on February
1,1936 by virtue of Commonwealth act
no. 3.
JURISDICTION OF COURT OF
APPEALS
 Original Jurisdiction to issue writs of mandamus,
prohibition, ceritorari, habeas corpus, and quo
warranto, and auxiliary writs or processes,
wether or not in aid of its appellate jurisdiction.
 Exclusive original jurisdiction over actions for
annulment of judgements of Regional Trial Courts.
 Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of
Regional Trial Courts and Quasi-Judicial agencies,
instrumentalities, boards or commision.
 The Court of Appeals is composed of one
presiding justice and 68 associate justices,
all of which are appointed by the
president from a short list submitted by
the Judicial and Bar Council.
COURT OF TAX APPEALS
 Is the same level as the Court of Appeals,
was created by virtue of Republic act. No.
1125, which was signed into law on June
16, 1954, its present-day form was
constituted through RA 1125, as amended
by RA no. 9282 and RA no. 9503.
JURISDICTION OF COURT OF
TAX APPEALS
 Decisions, orders or resolutions of the Regional
Trial Courts in local tax cases originally decided
or resolve by them in the exercise of their
original or appellate Jurisdiction.
 Decisions of the commissioner of customs in
cases involving liability for customs duties, fees or
other money charges, seizure, detention or
release of property affected, fines, forfeitures or
other penalties in relation, or other matters
arising under the Customs Law or other laws
administered by the bureau of customs
 The CTA is composed of one presiding
justice and 8 associate justices, all of
which are appointed by the president
from a short list submitted by the Judicial
and Bar Council
SANDIGANBAYAN
 To attain the highest norms of officials
conduct among officials and employees in
the government, the creation of a special
graft court to be known as the
Sandiganbayan was provided for in Art.
XIII, Sec. 5 of the 1973 constitution
QUALIFICATION TO BECOME A
SANDIGANBAYAN
 A natural-born citizen of the Philippines
 Atleast 40 years of age
 Being a Judge of a court atleast 10 years
 Engaged in the practice of law in the
Philippines or has held office requiring
admission to the bar as a prerequisite for
atleast ten years
Sandiganbayan Jurisdiction
 Violations of RA no. 3019 or the anti-graft
and corrupt practices act, as amended,
and chapter II, sec. 2, title VII, book II of
the revised penal code, where one or
more of the accused are officials
occupying the following positions in the
government whether permanent, acting
or interim capacity, at the time of the
commision of the offense
REGULAR COURTS
• Regional Trial
Courts
• Municipal Circuit Trial
Courts
REGIONAL TRIAL COURT
(Pangrehiyong Hukuman sa Paglilitis)
 One of the highest Trial court
in the Philippines
 Composition Method
: Presidential appointment from
the short list submitted by the
Judicial and Bar Council
MUNICIPAL CIRCUIT TRIAL
COURT
 Every Municipality in the Philippines
has its own Municipal Trial Court. It is
referred to as such if it covers only
one Municipality; otherwise, it is
called Municipal Circuit Trial Court if
it covers two or more Municipalities.
MUSLIM COURTS

Sharia District Court

Sharia Circuit Courts
SHARIA DISTRICT COURT
Are courts where muslim can file the
following cases:
• Those which fall within the original
Jurisdiction of Sharia District Courts (Art.
143, CMPL)
• Those which fall within its concurrent
Jurisdiction with existing civil courts
SHARIA CIRCUIT COURTS
 Are courts where Muslims can find cases involving
the following:
 Offenses defined and punished under PD 1083
 Disputes relating to:
 Marriage
 Divorce
 Betrothal or Breach of contract to marry
 Deposition and distribution of property upon divorce
 Maintenance and support and consolatory gifts
(MUT’A)
 Resitution of Martial rights
• Disputes relative to communal properties
FUNCTIONS OF JUDICIARY AND
ITS IMPORTANCE
 To give justice to the people
 Interpretation and application of laws
 Role in law-making
 Equity Legislation
 Protection of Rights
 Guardian of the constitution
 Power to get its decisions and judgements enforced
 Special role in a Federation
 Running of the Judicial Administration
 Advisory Functions
 To conduct Judicial Inquires
 Miscellaneous Functions