HERNANDO, SAMUEL JOSHUA J.

TRISTE, NORBERTO

JUDICIAL BRANCH
OF THE
PHILIPPINES
 WHAT IS THE One of the three
branches of the

JUDICIAL BRANCH? Philippine Government

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CONSULTANTS
 JUDICIAL BRANCH
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. VIII Sec. 1 (2)).

The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature
below the appropriated amount the previous year (Art. VIII, Sec. 3)
-The judiciary generally does not make law (that is, in a plenary fashion, which is the
responsibility of the legislature) or enforce law (which is the responsibility of the executive)
-This branch of the state is often tasked with ensuring equal justice under law. It usually
consists of a court of final appeal (called the "Supreme court” or "Constitutional court"),
together with lower courts. FIRST UP 3
CONSULTANTS
MEMBERS OF THE JUDICIARY SYSTEM

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CONSULTANTS
JUDICIAL DEPARTMENT
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. VIII Sec. 1 (2)).

SUPREME COURT
• • The highest court in the Philippines. It has an
administrative supervision over all courts and the
personnel. The court consists of 14 associate
justices and 1 Chief Justice.
• The powers of the Supreme Court are defined in
Article VIII of the 1987 Constitution.
• These functions may be generally divided into two
– judicial functions and administrative functions
• The administrative functions of the Court pertain
to the supervision and control over the Philippine
judiciary and its employees, as well as over
members of the Philippine bar.
• The Court is further authorized to promulgate the
rules for admission to the practice of law, for legal FIRST UP 5
assistance to the underprivileged, and the CONSULTANTS
JUDICIAL DEPARTMENT
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. VIII Sec. 1 (2)).

COURT OF APPEALS

• Is the Philippines' second-highest judicial court,

just after the Supreme Court. The court consists of
68 Associate Justices and 1 Presiding Justice.
• The Court of Appeals was established under Batas
Pambansa Bilang 129 known as "The Judiciary
Reorganization Act of 1980". The Court is
composed of one Presiding Justice and sixty eight
(68) Associate Justices. They are all appointed by
the President. The Court sits by divisions, each
division being composed of three members. The
Court may sit en banc for the purpose of exercising
administrative, ceremonial or other non-
adjudicatory functions.
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CONSULTANTS
JUDICIAL DEPARTMENT
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. VIII Sec. 1 (2)).

SANDIGANBAYAN

• The Sandiganbayan is a special court which was

established under Presidential Decree No. 1606. Its
rank is equivalent to the Court of Appeals. The SB
or Sandiganbayan tries and decides criminal and
civil cases against government officials and
employees accused of graft and corruption and
similar other cases.
• The Sandiganbayan shall sit in five (5) divisions of
three justices each. The five (5) may sit at the same
time. The first three divisions shall be stationed in
the Metro Manila area, the fourth division shall be
in Cebu City for cases coming from the Visayas
region, and the fifth division shall be in Cagayan de
Oro City for cases coming from the Mindanao
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region.
CONSULTANTS
JUDICIAL DEPARTMENT
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. VIII Sec. 1 (2)).

COURT OF TAX APPEALS

• Is the special court of limited jurisdiction, and has the
same level with the Court of Appeals. The court consists
of 8 Associate Justices and 1 Presiding Justice.
• Previously, only decision, judgment, ruling or inaction of
the Commissioner of Internal Revenue, the Commissioner
of Customs, the Secretary of Finance, the Secretary of
Trade and Industry, or the Secretary of Agriculture,
involving the National Internal Revenue Code and the
Tariff and Customs Code on civil matters are appealable to
the Court of Tax Appeals.
• The expanded jurisdiction transferred to the CTA the
jurisdiction of the Regional Trial Courts and the Court of
Appeals over matters involving criminal violation and
collection of revenues under the National Internal
Revenue Code and Tariff and Customs Code. In addition,
it also acquired jurisdiction over cases involving local and
real property taxes which used to be with the Regional
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CONSULTANTS
JUDICIAL DEPARTMENT
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. VIII Sec. 1 (2)).
MUNICIPAL/METROPOLITAN
REGIONAL TRIAL COURTS TRIAL COURTS
• Regional Trial Courts were established
• Municipal Circuit Trial Courts are judicial
among the thirteen regions in the Philippines courts of the Philippine Judicial Sytsem
consisting of Regions I to XII and the which covers two or more municipalities in
National Capital Region (NCR). There are as the country. Every municipality in the
many Regional Trial Courts in each region as Philippines has its own Municipal Trial
the law mandates. Regional Trial Courts shall Court. It is referred to as such if it covers
exercise exclusive original jurisdiction in all only one municipality; otherwise, it is called
criminal cases not within the exclusive Municipal Circuit Trial Court if it covers two
jurisdiction of any court, tribunal or body, or more municipalities.
except those now falling under the exclusive • Municipal Trial Courts in the towns and
and concurrent jurisdiction of the cities in the Metropolitan Manila area, as
Sandiganbayan which shall hereafter be distinguished from the other political
exclusively taken cognizance of by the latter. subdivisions in the Philippines, are referred to
RTC Criminal Courts typically try cases of as Metropolitan Trial Courts.
serious crimes like murder and robbery, as FIRST UP 9
CONSULTANTS
JUDICIAL DEPARTMENT
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. VIII Sec. 1 (2)).

SHARI’A DISTRICT COURTS AND SHARI’A CIRCUIT COURTS

• • Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were
established in certain municipalities in Mindanao where the Code of Muslim Personal Laws of
the Philippines is being enforced. There are five Shari'a Circuit Courts and fifty one Shari'a
Circuit Courts in existence. A Shari'a Circuit Court has original jurisdiction over the following:
• 1. All cases involving offenses defined and punished under Presidential Decree No. 1083;
• 2. All civil actions and proceedings between parties who are Muslims or have been married in
accordance with Article 13 of Presidential Decree No. 1083 involving disputes relating to: • a.
Marriage; b. Divorce recognized under Presidential Decree No. 1083; c. Betrothal or breach of
contract to marry; d. Customary dowry (mahr); e. Disposition and distribution of property upon
divorce; f. Maintenance and support, and concolotary gifts(mut'a); and g. Restitution of marital
rights.
• 3. All cases involving disputes relative to communal properties.
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CONSULTANTS
 SLIDE TITLE
APPOINTMENTS TO THE JUDICIARY
• Under the present Constitution, appointments to the judiciary are
made by the President of the Philippines on the basis of a list submitted
by the Judicial and Bar Council (by virtue of Art. VIII, Sec. 8). The
JBC is under the supervision of the Supreme Court. Its principal
function is to screen prospective appointees to any judicial post. The
Judicial and Bar Council promulgated its Rules (JBC-009) on October
31, 2000.

It is composed of the Chief Justice as ex-officio Chairman, the

Secretary of Justice and representatives of 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 as members.

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CONSULTANTS
 SLIDE TITLE
Guidelines and Qualifications for Appointment in
the Judiciary

• Members of the Supreme Court, Court of Appeals, Court of Tax

Appeals
• Natural-born citizen of the Philippines;
• At least 40 years old;
• At least 15 years of practice as a judge of a lower court ; or At least
15 years of law practice in the Philippines.

• Members of the Sandiganbayan

• Natural-born citizen of the Philippines;
• At least 40 years old;
• At least 10 years of practice as a judge of a court of record; or At
least 10 years of law practice in the Philippines; or At least 10 years
holding an office requiring admission to the bar as a prerequisite. FIRST UP 12
CONSULTANTS
 SLIDE TITLE
Guidelines and Qualifications for Appointment in
the Judiciary

• Judges of the Regional Trial Courts

• Natural-born citizen of the Philippines;
• At least 35 years old;
• At least 10 years of law practice in the Philippines; or At least 10
years holding an office requiring admission to the bar as a prerequisite.

• Judges of the First Level Courts

• Natural-born citizen of the Philippines;
• At least 30 years old;
• At least 5 years of law practice in the Philippines; or At least 5 years
holding an office requiring admission to the bar is a prerequisite

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CONSULTANTS
 SLIDE TITLE
Guidelines and Qualifications for Appointment in
the Judiciary

• Judges of Shari’a District Courts

• Natural-born citizen of the Philippines;
• At least 35 years old;
• At least 10 years of law practice in the Philippines; or At least 10
years holding an office requiring admission to the bar as a prerequisite.
• Must be learned in the Islamic Law and jurisprudence.

• Judges of Shari’a Circuit Courts

• Natural-born citizen of the Philippines;
• At least 25 years old;
•Passed an examination on the Shari’a and Islamic Jurisprudence given
by the Supreme Court
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CONSULTANTS
HOW DOES THE PRESIDENT APPOINT THE CHIEF JUSTICE The power to
appoint the
chief justice
lies with the 
president, who
makes the
selection from
a list of three
nominees
prepared by
the 
Judicial and Ba
r Council
. There is no
material
difference in
the process of
selecting a
chief justice
from that in
the selection
of 
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CONSULTANTS
CHIEF JUSTICE OF THE PHILIPPINES

“We in the judiciary are obliged to build on the positive

undertakings of the past to bring about more
meaningful changes and make our courts more
accessible, accountable, efficient and responsive to the
needs of the public. We are committed to embark on
new initiatives in accordance with our tasks to promote
justice and uphold the rule of law,”
Lucas Bersamin
NOVEMBER 28, 2018- PRESENT

Lucas Purugganan Bersamin is

the 25th Chief Justice of the
Philippine Supreme Court, the
highest court in the
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Philippines. CONSULTANTS