PPG Q3-W9D1-4- judiciary.pptx

PHILIPPINE POLITICS AND
GOVERNANCE
QUARTER - WEEK 9
DAY 1- 4 1

PRE-TEST
This activity will enable you to assess your
prior knowledge from the topic that will be
discussed in this lesson.
DIRECTIONS: Choose The Letter Of The
Correct Answer, And Write The CAPITAL
LETTER Of Your Answer In The Space
Provided.
2

PRE-TEST
___1. Which branch of the government has
a task to interpret laws?
A. Executive Branch
B. Legislative Branch
C. Judicial Branch 3

PRE-TEST
___2. How do you call the head of the
Judicial Branch?
A. President
B. Chief of Staff
C. Chief Justice
4

PRE-TEST
___3. Which of the following does not belong to
lower court (Trial Court)?
A. Supreme Court
B. Regional Trial Court
C. Municipal Trial Court
5

PRE-TEST
higher court (Supreme Court)?
A. Supreme Court
B. Sandiganbayan
C. Court of Appeals
6

PRE-TEST
___5. This court has jurisdiction over civil cases
committed by public officers.
A. Shari’a Court
B. Court of Tax Appeal
C. Sandiganbayan
7

PRE-TEST- ANSWER
This activity will enable you to assess your
prior knowledge from the topic that will be
discussed in this lesson.
DIRECTIONS: Choose The Letter Of The
Correct Answer, And Write The CAPITAL
LETTER Of Your Answer In The Space
Provided.
8

PRE-TEST
___1. Which branch of the government has
a task to interpret laws?
A. Executive Branch
B. Legislative Branch
C. Judicial Branch 9

PRE-TEST
___2. How do you call the head of the
Judicial Branch?
A. President
B. Chief of Staff
C. Chief Justice
10

PRE-TEST
lower court (Trial Court)?
A. Supreme Court
B. Regional Trial Court
C. Municipal Trial Court
11

PRE-TEST
higher court (Supreme Court)?
A. Supreme Court
B. Sandiganbayan
C. Court of Appeals
12

PRE-TEST
___5. This court has jurisdiction over civil cases
committed by public officers.
A. Shari’a Court
B. Court of Tax Appeal
C. Sandiganbayan
13

PHILIPPINE POLITICS AND
GOVERNANCE
JUDICIAL BRANCH OF
GOVERNMENT
Chona D. Camposano 14

LEARNING COMPETENCIES:
• Identify the role and responsibilities of the Philippine Judiciary
HUMSS_PG12-Ij-31
• Discuss how the Judiciary exercises political neutrality and fairness
HUMSS_PG12-Ij-32
• Evaluate the performance of the Philippine Judiciary as a dispenser
of justice and protector of constitutional safeguard to freedom.
HUMSS_PG12-Ij-33
15

Separation of Powers is a doctrine of constitutional law
which the different branches are kept separate. Each branch
has separate powers, and generally each branch is not
allowed to exercise the powers of other branches. The
Executive Branch is in-charge in ensuring the enforcement of
the laws, the crafting of laws is under the power of the
legislative branch, and interpretation of the laws is in the
jurisdiction of Judicial Branch. 16

stated that the Judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law. As the third branch of the Philippine
Government, its main role and function is to evaluate laws. It
holds the power to settle controversies involving rights that
are legally demandable and enforceable.
17
JUDICIAL BRANCH

This branch determines whether or not there has been a
grave abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the government.
It is made up of a Supreme Court and lower courts. The
judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.
18
JUDICIAL BRANCH

The legislative power is vested in a bicameral
body, the , which is
composed of two houses -- the Senate and the
House Representatives. The Congress of the
Philippines is the country's highest lawmaking
body.
19
Structure And Organization

The Philippine Judiciary branch is comprised of regular
courts tasked to administer justice—two review courts and
two trial courts as follows:
• Supreme Court
• Court of Appeals
• Regional Trial Courts
• Metropolitan Trial Courts, Municipal Trial Courts,
Municipal Circuit Trial Courts, and Municipal Trial Courts
in Cities.
20

Aside from these 4 regular courts, the Judicial branch has also
what it is called special courts. are bodies within the
judicial branch of government that generally address only one area of
law or have specifically defined powers. These are the
(1) Sandiganbayan,
(2) Court of tax Appeals,
(3) Shari’a District Courts, and
(4) Shari’a Circuit Courts. 21

has the power similar to the regular
courts, but the subjects over whom judicial powers are
exercised are limited to Muslim Filipinos. While
which retains exclusive appellate jurisdiction to
review by appeal not only civil tax cases but also those that
are criminal in nature. Lasty, is a special
court that has jurisdiction over civil cases (including graft,
corruption, and other offenses) committed by public officers
and employees and those in government-owned or
government-controlled corporations.
22

According to the 1987 Constitution,
the Supreme Court exercises the
following powers:
1. Exercise jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. 23
SUPREME COURT

2. Review, revise, reverse, modify, or affirm, on appeal
or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of the 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; 24
SUPREME COURT

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;
25
SUPREME COURT

3. Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary
assignments shall not exceed six months without the
consent of the judge concerned.
26
SUPREME COURT

4. Order a change of venue or place of trial to avoid a
miscarriage of justice.
1. 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
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. 27
SUPREME COURT

4. Order a change of venue or place of trial to avoid a
miscarriage of justice.
2. Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law (Sec. 5 , id.).
28
SUPREME COURT

The Court of Appeals is the second highest tribunal in
the country, which was established on February 1, 1936 by
virtue of Commonwealth Act No. 3. The current form of the
Court of Appeals was constituted through Batas Pambansa
Blg. 129, as amended by
29
COURT OF APPEALS

The jurisdiction of the Court of Appeals are as follows:
1. Original jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto, and auxiliary writs or
processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of
judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements,
resolutions, orders or awards of Regional Trial Courts and quasi-
judicial agencies, instrumentalities, boards or commission. 30
COURT OF APPEALS

The Court of Appeals shall also have the power to try
cases and conduct hearings, receive evidence and perform
acts necessary to resolve factual issues raised in cases falling
within its original and appellate jurisdiction, including the
power to grant and conduct new trials or proceedings.
31
COURT OF APPEALS

The Court of Appeals is composed of one presiding
justice and 68 associate justices, all of which are appointed by
the President from a shortlist submitted by the Judicial and
Bar Council. The associate justices shall have precedence
according to the dates (or order, in case of similar
appointment dates) of their respective appointments. The
qualifications for the justices of the Supreme Court also apply
to members of the Court of Appeals.
32
COURT OF APPEALS

or commonly known as
reiterates the
powers and functions of Regional Trial Courts from
Section 19 to Section 24 that states as follow:
Section 19. Jurisdiction in civil cases. — Regional Trial
Courts shall exercise exclusive original jurisdiction:
(1) In all civil actions in which the subject of the
litigation is incapable of pecuniary estimation; 33
REGIONAL TRIAL COURTS

(2) In all civil actions which involve the title to, or
possession of, real property, or any interest therein,
except actions for forcible entry into and unlawful
detainer of lands or buildings, original jurisdiction over
which is conferred upon Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts;
34

(3) In all actions in admiralty and maritime
jurisdiction where he demand or claim exceeds twenty
thousand pesos (P20,000.00);
(4) In all matters of probate, both testate and
intestate, where the gross value of the estate exceeds
twenty thousand pesos (P20,000.00); 35

(5) In all actions involving the contract of marriage
and marital relations;
(6) In all cases not within the exclusive jurisdiction of
any court, tribunal, person or body exercising judicial or
quasi-judicial functions;
36

Section 20. Jurisdiction in criminal cases. — Regional Trial
Courts shall exercise exclusive original jurisdiction in all
criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan
which shall hereafter be exclusively taken cognizance of by
the latter.
37

Section 21. Original jurisdiction in other cases. —
Regional Trial Courts shall exercise original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and injunction
which may be enforced in any part of their respective
regions; and
(2) In actions affecting ambassadors and other
public ministers and consuls. 38

Section 22. Appellate jurisdiction. — Regional Trial Courts
shall exercise appellate jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts in their respective territorial
jurisdictions. Such cases shall be decided on the basis of the
entire record of the proceedings had in the court of origin and
such memoranda and/or briefs as may be submitted by the
parties or required by the Regional Trial Courts.
39

Section 22. Appellate jurisdiction. —
The decision of the Regional Trial Courts in such cases
shall be appealable by petition for review to the Intermediate
Appellate Court which may give it due course only when the
petition shows prima facie that the lower court has committed
an error of fact or law that will warrant a reversal or
modification of the decision or judgment sought to be
reviewed. 40

Section 23. Special jurisdiction to try special cases. —
The Supreme Court may designate certain branches of the
Regional Trial Courts to handle exclusively criminal cases,
juvenile and domestic relations cases, agrarian cases, urban
land reform cases which do not fall under the jurisdiction of
quasi-judicial bodies and agencies, and/or such other special
cases as the Supreme Court may determine in the interest of
a speedy and efficient administration of justice.
41

Section 24. Special Rules of Procedure. — Whenever a
Regional Trial Court takes cognizance of juvenile and
domestic relation cases and/or agrarian cases, the special
rules of procedure applicable under present laws to such
cases shall continue to be applied, unless subsequently
amended by law or by rules of court promulgated by the
Supreme Court.
42

Power and functions of Metropolitan Trial Courts,
Municipal Trial Courts, Municipal Circuit Trial Courts, and
Municipal Trial Courts in Cities are thoroughly explained from
Batas Pambansa Blg. 129 Sections 32 to 37 as stated below.
43
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, AND
MUNICIPAL TRIAL COURTS IN CITIES.

Section 32. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts
in criminal cases. — Except in cases falling within the
exclusive original jurisdiction of Regional Trial Courts and of
the Sandiganbayan, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:
44

(1) Exclusive original jurisdiction over all violations
of city or municipal ordinances committed within their
respective territorial jurisdiction; and
45

(2) Exclusive original jurisdiction over all offenses
punishable with imprisonment of not exceeding four years and
two months, or a fine of not more than four thousand pesos, or
both such fine and imprisonment, regardless of other imposable
accessory or other penalties, including the civil liability arising
from such offenses or predicated thereon, irrespective of kind,
nature, value, or amount thereof: Provided, however, That in
offenses involving damage to property through criminal
negligence they shall have exclusive original jurisdiction where
the imposable fine does not exceed twenty thousand pesos.
46

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts in civil cases. —
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts shall exercise:
47

(1) Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of provisional
remedies in proper cases, where the demand does not exceed twenty
thousand pesos exclusive of interest and costs but inclusive of
damages of whatever kind, the amount of which must be specifically
alleged: Provided, That where there are several claims or causes of
action between the same or different parties, embodied in the same
complaint, the amount of the demand shall be the totality of the claims
in all the causes of action irrespective of whether the causes of action
arose out of the same or different transactions; and
48

(2) Exclusive original jurisdiction over cases of forcible entry and
unlawful detainer: Provided, That when, in such cases, the defendant
raises the question of ownership in his pleadings and the question of
possession cannot be resolved without deciding the issue of
ownership, the issue of ownership shall be resolved only to determine
the issue of possession.
49

Section 34. Delegated jurisdiction in cadastral and land registration
cases. — Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts may be assigned by the Supreme Court to hear and
determine cadastral or land registration cases covering lots where there is
no controversy or opposition, or contested lots the value of which does not
exceed twenty thousand pesos, such value to be ascertained by the affidavit
of the claimant or by agreement of the respective claimants if there are more
than one, or from the corresponding tax declaration of the real property.
Their decisions in these cases shall be appealable in the same manner as
decisions of the Regional Trial Courts.
50

Section 35. Special jurisdiction in certain cases. — In the
absence of all the Regional Trial Judges in a province or city,
any Metropolitan Trial Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide petitions for a writ of
habeas corpus or applications for bail in criminal cases in the
province or city where the absent Regional Trial Judges sit.
51

Section 36. Summary procedures in special cases. — In Metropolitan Trial
Courts and Municipal Trial Courts with at least two branches, the Supreme Court
may designate one or more branches thereof to try exclusively forcible entry and
unlawful detainer cases, those involving violations of traffic laws, rules and
regulations, violations of the rental law, and such other cases requiring summary
disposition as the Supreme Court may determine. The Supreme Court shall adopt
special rules or procedures applicable to such cases in order to achieve an
expeditious and inexpensive determination thereof without regard to technical
rules. Such simplified procedures may provide that affidavit and counter-affidavits
may be admitted in lieu of oral testimony and that the periods for filing pleadings
shall be non-extendible..
52

Section 37. Preliminary investigation. — Judges of
Metropolitan Trial Courts, except those in the National Capital
Region, of Municipal Trial Courts, and Municipal Circuit Trial
Courts shall have authority to conduct preliminary
investigation of crimes alleged to have been committed within
their respective territorial jurisdictions which are cognizable by
the Regional Trial Courts.
53

The preliminary investigation shall be conducted in
accordance with the procedure prescribed in
Provided, however, That if after the preliminary
investigation the Judge finds a prima facie case, he shall
forward the records of the case to the Provincial/City Fiscal for
the filing of the corresponding information with the proper
court. 54

No warrant of arrest shall be issued by the Judge in
connection with any criminal complaint filed with him for
preliminary investigation, unless after an examination in
writing and under oath or affirmation of the complainant and
his witnesses, he finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may
be served anywhere in the Philippines.
55

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