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Philippine Politics
and Governance
Quarter 2 – Module 1:
Philippine Judiciary
(Roles and Responsibilities)
Senior High School
PhilippinePolitics and Governance– Grade 12
Quarter 2 – Module 1: Philippine Judiciary (Roles and Responsibilities)
First Edition, 2020
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ownership over them.
Published by the Department of Education
Printed in the Philippines by Davao City Division Learning Resources Management
Development System (LRMDS)
Department of Education – Davao City Division, Region XI
Office Address:ElpidioQuirino Ave., Poblacion District, Davao City, 8000 Davao del Sur
Telefax:(082) 224-3274, (082) 222-1672
E-mail Address:davao.city@deped.gov.ph
Development Team of the Module
Writer: Maricris V. Enal
Editors: Amylyn F. Labasano
Reviewers:
Illustrator:
Template Developer: Neil Edward D. Diaz
Management Team: Reynaldo M. Guillena
Jinky B. Firman
Marilyn V. Deduyo
Aries B. Juanillo
Alma C. Cifra
Amelia S. Lacerna
Philippine Politics
and Governance
Quarter 2– Module 1:
Philippine Judiciary
(Roles and Responsibilities)
Senior High School
1
Introductory Message
For the facilitator:
As a facilitator, you are expected to orient the learners on how to use
this module. You also need to keep track of the learners' progress
while allowing them to manage their own learning at home.
Furthermore, you are expected to encourage and assist the learners as
they do the tasks included in the module.
For the learner:
As a learner, you must learn to become responsible of your own
learning. Take time to read, understand, and perform the different
activities in the module.
As you go through the different activities of this module be reminded
of the following:
1. Use the module with care. Do not put unnecessary mark/s on
any part of the module. Use a separate sheet of paper in
answering the exercises.
2. Don’t forget to answer Let Us Try before moving on to the other
activities.
3. Read the instructions carefully before doing each task.
4. Observe honesty and integrity in doing the tasks and checking
your answers.
5. Finish the task at hand before proceeding to the next.
6. Return this module to your teacher/facilitator once you are
done.
If you encounter any difficulty in answering the tasks in this
module, do not hesitate to consult your teacher or facilitator. Always
bear in mind that you are not alone. We hope that through this
material, you will experience meaningful learning and gain deep
understanding of the relevant competencies. You can do it!
2
Let Us Learn
This material was designed and written with you in mind. It is here
to help you master the Philippine Judiciary (Roles and Responsibilities).
The scope of this module permits it to be used in many different learning
situations. The language used recognizes the diverse vocabulary level of
students. The lessons are arranged to follow the standard sequence of the
course. But the order in which you read them can be changed to correspond
with the textbook you are now using.
The learners: (based on MELCs)
After going through this module, you are expected to:
Analyze the role and responsibilities of the Philippine Judiciary
After going through this module, you are expected to:
1. Identify the role and responsibilities of Philippine Judiciary;
2. Discuss how the Judiciary exercises political neutrality and
fairness; and
3. Evaluate the performance of the Philippine Judiciary as a
dispenser of justice and a protector of constitiutional safeguards to
freedom.
This module focuses on the topic Philippine Judiciary (Roles and
Responsibilities), which will be your task for the whole week.
3
Let Us Try
Directions: Find and encircle the words that are hidden in the grid.
The words may be hidden in any direction. Below are the words:
Legal Government
Constitution Authority
Democracy Court
Judge Supreme court
Power Case
a c o n s t i t u t i o n
u d f t t h i o p s s t p
t c o n s t i t f e e l o
h s e r j u d g e i o n w
o s e r d u d i c i a l e
r f t n e m n r e v o g r
i d t o m m o r r o d q w
t t r u o c c o m u n a a
y r a i c i d u j t e r m
b s u p r e m e c o u r t
x x m k a l o i a e e d g
r v e r c t y l s r b s u
w a n d y t t l e g a l o
Now, you have to select three words that appeal to you most and write its
meaning.
Word Meaning
1.
2.
3.
4
Let Us Study
Introduction
In this module, we will focus on the understanding of the development
of the Philippine judicial system. It will cover topics such as the scopes of
judicial power, justices and judges’ qualification and judicial organization.
There may be questions in your mind that need to be answered such
as What is the Judicial Branch of the government?, What does it do?, What
is the power of the Judicial branch?, and What makes the Judicial branch of
our government powerful or a question of jurisdiction such as to what court
will I make my appeal? All these questions in your mind may be answered
in taking tiny steps in understanding the Judicial branch of our
government.
Let us us begin our journey in understanding the Judicial Branch of
the Philippine government.
Under the 1987 Philippine Constitution, the government has three
branches and one of which is the Judicial Branch of the Philippines.
According to Art. VIII, sec. 1 of the 1987 Constitution states that, “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….”(1987 Constitution, Art. VII, sec. 1)
In a society which looks to the judiciary as the last bulwark of
constitutional rights and liberties, one can be spared the agony of
disappointment over the silence of the judiciary about critical public issues
if one takes the trouble to find out what the role of the judiciary is in the
constitutional scheme. Courts are given “judicial power”, nothing more.
Therefore, judicial power is the measure of the allowable scope of judicial
action.Hence, a proper understanding of the concept is essential to the
understanding the role of the judiciary(Cruz,2015).
The Judicial power is vested in the Supreme Court and of all lower
courts. To give light, Supreme Court is the highest court in the land and
judicial power is the power to apply the laws to congress or disputes
concerning legally organized rights and duties between the cases and private
persons, or to individual litigants in cases properly brought before judicial
tribunals(Bernas,2015).
5
First, we have to identify the safeguards embedded in the
Constitution. These are the following:
1. The Supreme Court is a constitutional body. It cannot be abolished
nor may its membership or the manner of its meetings be changed
in mere legislation (Constitution,Art.VIII, sec.4 (1).
2. The members of the Supreme Court may not be removed except by
impeachment (Constitution,Art IX,Sec.2).
3. The Supreme Court may not be deprived of its minimum original
and appellate jurisdiction as prescribed in Art. VIII, sec.5 of the
Consitituiton(Art. VIII sec. 5)
4. The appellate jurisdiction of the Supre Court may not be increased
by law without its advice and concurrence (Art, VI sec. 30).
5. Appointees to the judiciary are now nominated by the Judicial and
Bar Council and no longer subject to confirmation by the
Commission by Appointments (Art.VIII, sec. 9).
6. The Supreme Court now has administrative supervision over all
lower courts and their personnel (Art.VIII,sec. 6).
7. The Supreme Court has exclusive power to discipline judges in the
lower court ( Art.VIII,sec.11)
8. The members of the Supreme Court and all lower courts have
security of tenure, which cannot be undermined by a law
reorganizing the judiciary (Art.VIII,sec.11)
9. They shall not be designated to any agency performing quasi-
judicial or administrative functions (Art.VIII,sec.12).
10. The salaries of judges may not be reduced during their
continuance in office (Art.VIII,sec.10)
11. The judiciary shall enjoy fiscal autonomy(Art VIII,sec.3).
12. The Supreme Court alone may initiae rules of court
(Art.VIII,sec.5(5)).
13. Only the Supreme Court may order the temporary detail of
judges(Art.VIII,sec.5(3)).
14. The Supreme Court can appoint all officials and employees of
the judiciary (Art.VIII,sec.5(6)).
6
The Judicial System in the Philippines
https://geekrepublik.files.wordpress.com/2015/08/branches-of-government-21-728.jpg
Three kinds of courts in the country
1. Supreme Court-the highest in the land
2. Regular Court-Appellate Court,Regional Trial Court
3. Quasi-Judicial bodies-NLRC (National Labor Realations
Commission),SEC etc.
.
✓ The Sureme Court is composed of 1
Chief Justice and 14 associate justices
who serve until the age of 70,
✓ The court may sit en banc, or in one of
its three divisions composed of five
members each
✓ The chief Justice and associate justices
are appointed by the President of the
Philippines, chosen from a shortlist
submitted by the Judicial and Bar
Council
✓ The president must fill up a vacancy
within 90 days of occurrence.
7
Powers of the Supreme Court
According to the 1987 Constitution of the Philippines Article VIII, sec. 5
shall the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other
public nministers and consults, and over petitions for certiorari,
prohibitions, mandamus,quo warranto and hebeas corpus;
Definition of Terms
Certiorari - an extraordinary writ issued by a superior court (as the
Supreme Court) to call up the records of a particular case from an
inferior judicial body (as a Court of Appeals) — compare appeal.
Ex. If the petitioner is not contented with the decision from the lower
court, for review or in appeal ,the SC can call up records of a particular
case from the lower court.
Prohibitions - is a written order by which a superior court commands a
lower court or a corporation,board or person to desist from further
proceedings, in action or matter.
Ex. A written order to desist a proceedings in action or matter related to
a case.
Mandamus- an order issued by a higher court commanding a lower court
to corporation ,board, or a person to perform a certain act, which is its
duty to.
Ex. RTC will make an order to PNP to perform a certain act in the
performance of a duty.
Quo warranto - an action by the government to recover an office or
franchise from an individual or corporaion usurping or unlawfully
holding it.
Ex. If a corporation is acting illegally, the court can recover a franchise
legally.Just like Expiration of ABS-CBN farnchise, they can no longer be on
air but if they insist to be on air,using the same frequency, then they are
acting illegally hence the government can issue a quo warranto for the said
corporation.
Habeas Corpus - is used to bring a prisoner or other detainee before the
court to determine if the person's imprisonment or detention is lawful.
A habeas petition proceeds as a civil action against the State agent
(usually a warden) who holds the defendant in custody.
Ex. Requesting to bring the institutionalized mental patient to court to
determine if the person is imprisoned or lawfully detained. A Writ of
Hebeas Copus must be filed.
8
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 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.
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, modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
9
Source:https://pbs.twimg.com/media/EdIkXAKUMAAVDb0.jpg
Qualifications to become the member of the Supreme Court and any lower
collegiate court.
➢ He/she must be a natural born citizen of the Philippines
➢ Must be a 40 years of age
➢ Must have,for 15 years or more, been a judge of a lower court or
engaged in the practice of law in the Philippines.
Qualifications in the lower courts
➢ Must be a citizen of the Philippines
➢ Must be a member of the Philippine Bar
➢ Must be person of proven competence,integrity, probity and
independence
Judicial and Bar Council ( JBC)
o Task to nominate appointees to the Judiciary Corporation
o Chief Justice
o Secretary of Justice
o Representative from Congress
o IBP Representative
o Professor of Law
o Private Sector Representative
10
In rendering Court Decisions, this decision and opinion is certified by the
Chief Justice and served on the parties concerned. Moreover, dissentions
and absentions must be expired hence, the view must explain the facts of
the law.
Regular Courts
The Court of Appeal is the second highest tribunal in the
country, which was established on February 1, 1936 by
virtue of the Commonwealth Act, No. 3 came into being at
the time of independence. Moreover,the judges of
this court exercise great care in reviewing the decisions of
the lower courts and tribunals, against which complaints
are made.
It is composed of one presiding jusice and 68 justices, all of which are
appointed by the President from the shortlist submitted by the Judicial and
Bar Council.
Jurisdiction of the Court of Appeals:
1. Original jurisdiction to issue writs of mandamus,prohibiton,
certiorari,hebeas corpus, and quo warranto, and auxiliary writs or
process,whether or not in aid of its appellate jusrisdicion.
2. Exclusive original jurisdiction over actions for annulment of
judgments of Regional Trial Court.
3. Exclusive appellate jurisdiction over all final judgements, resolutions,
orders or awards of the Regional Trial Courts and quasi-judicial
agencies,instrumentalities,boards or commission, including the
Securities and Exchange Commission, the Social Security
Commission, except those falling wihin the appellate jurisdiction of
the Suprreme Court in accordance with the Constitution, the Labor
Code of the Philippines, as amended, the provisions of this Act, ….of
the Judiciary Act of 1948.
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 appeallate jurisdiction,
including the power to grant and conduct new trials or proceedings.
11
The Court of Tax Appeals Hukuman ng Apelasyon sa Buwis
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.
This court has an exclusive jurisdiction over tax
appealed by private citizens and commercial firms who
protect the amount of tax imposed.
Regional Trial Courts (RTC) are also known as Second
Level Courts, which were established among the thirteen
Judicial regions in the Philippines consisting of Regions I to XII
and the National Capital Region (NCR). There are as many
Regional Trial Courts in each region as the law mandates.
The Regional Trial Court (RTC) 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. Moreover,RTC 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. RTC Criminal Courts typically
try cases of serious crimes like murder and robbery, as opposed to petty
crimes (MTC), which reduce the burden of court cases.
Ombudsmen are independent, impartial and provide a free
service. They investigate complaints that have not been
solved by the organisation complained
against. Ombudsmen investigate complaints when
something has been handled badly or unfairly, making
someone suffer as a result. This is sometimes called maladministration.
Republic Act 8249 (February 5, 1997) further defined the
jurisdiction of the Sandiganbayan, amending for
the purpose PD 1606. The Sandiganbayan (SB) tries and
decides criminal and civil cases against government officials
and employees accused of graft and corruption and similar
other offenses.
This is the court that decides cases involving graft and
corruption by government or employee.
12
Shari'ah courts in the country are under supervision of
the Supreme Court of the Philippines. Shari'ah courts in
the Philippines has jurisdiction over Muslim-majority
Bangsamoro as well as other parts of Mindanao outside the
autonomous region.
A Sharia Court of Appeal of a State shall exercise appellate
and supervisory jurisdiction in civil proceedings involving
questions of Islamic law. To the governments of all sharia states: Support
to Sharia Courts should be increased. They handle most of the litigation in
these states, especially for the poor.
MUNICIPAL CIRCUIT TRIAL COURTS(MTC,MCTC). 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. Hence the primary purpose of
government is to establish and maintain order in the society so that
members may live together peacefully and gainfully. This is achieved by
regulating the relationship among the people and the government.
Example: “Ejectment” cases, which include forcible entry or unlawful
detainer (non-payment of rentals), must always be filed with the MTC. If filed
in RTC, it will be dismissed due to lack of jurisdiction.
Quasi-Judicial Courts
The Department of Justice (DOJ) pursues its mandate through its agencies.
These are the following:
1. BUREAU OF CORRECTIONS
2. BUREAU OF IMMIGRATION
3. NATIONAL BUREAU OF INVESTIGATION
4. PAROLE AND PROBATION ADMINISTRATION
5. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
6. PUBLIC ATTORNEY'S OFFICE
7. OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
8. OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
9. OFFICE OF THE SOLICITOR GENERAL
10. LAND REGISTRATION AUTHORITY
13
Bureau of Corrections (BuCor)
The Bureau of Corrections (BuCor) is charged with custody and
rehabilitation of national offenders, that is, those sentenced to serve a term
of imprisonment of more than three (3) years.
Bureau of Immigration
In accordance with the Revised Administrative Code of
1987, the Commission on Immigration and Deportation was renamed
BUREAU OF IMMIGRATION as it is more properly called today. Under
this code the Bureau is composed of three (3) structural units namely:
the Office of the Commissioner, the Board of Commissioners, and the
Board of Special Inquiry. These groups act as collegial bodies and
exercises quasi-judicial powers affecting the entry and stay of foreign
nationals in the country.
National Bureau of Investigation (NBI)
The main objective of the National Bureau of Investigation
is the establishment and maintenance of a modern, effective and
efficient investigative service and research agency for the purpose of
implementing fully principal functions provided under Republic Act No.
157, as amended.
14
Parole and Probation Administration (PPA)
The Parole and Probation Administration (PPA) provides a less
costly alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs.
Presidential Commission on Good Government (CCGG)
The Presidential Commission on Good Government shall
be charged with the task of assisting the President in the recovery of ill-
gotten wealth accumulated by former President Ferdinand E. Marcos,
his immediate family, relatives, subordinates and close associates,
whether located in the Philippines or abroad, including the takeover or
sequestration of all business enterprises and entities owned or
controlled by them, during his administration, directly or through
nominees, by taking undue advantage of their public office and/or
using their powers, authority, influence, connection or relationship; the
investigation of such cases of graft and corruption as the President may
assign to the Commission from time to time; and the adoption of
safeguards to ensure that the above practices shall not be repeated in
any manner under the new government, and the institution of adequate
measures to prevent the occurrence of corruption.
Public Attorneys Office (PAO)
The Public Attorney's Office exists to provide the indigent
litigants, the oppressed, marginalized and underprivileged members of
the society free access to courts, judicial and quasi-judicial agencies, by
rendering legal services, counseling and assistance in consonance with
the Constitutional mandate that free access to courts shall not be
denied to any person by reason of poverty in order to ensure the rule of
law, truth and social justice as components of the country's sustainable
15
development.
Office for Alternative Dispute Resolutin (OADR)
To promote, develop and expand the use of
alternative dispute resolution (ADR) in the private and public sectors;
and, to assist government to monitor, study and evaluate those sued by
the public and the private sector of ADR, and recommend to Congress
needful statutory changes to develop, strengthen and improve ADR
practices in accordance with world standards.
Office of the Government Corporate Counsel (OGCC)
The Office of the Government Corporate Counsel
(OGCC) was founded on December 01, 1935 as a Government Counsel
Division under the Department of Justice (DOJ). Todate, it has emerged
as the premier law office of government-owned and controlled
corporations (GOCCs), their subsidiaries, other corporate offsprings and
government-acquired asset corporations.
Office of the Solicitor General (OSG) / SOLGEN
The Office of the Solicitor General which is an independent
and autonomous office attached to the Department of Justice for
budgetary purposes is the legal representative of the Government of the
republic of the Philippines, its agencies and instrumentalities and its
officials and agents in any litigation, proceeding investigation or matter
requiring the services of a lawyer before the local court systems or
international fora.
16
Land Registration Authority (LRA)
The Land Registration Authority is mandated to issue
decrees of registration and certificates of titles and register documents,
patents and other land transactions for the benefit of landowners,
Agrarian Reform-beneficiaries and the registering public in general; to
provide a secure, stable and trustworthy record of land ownership and
recorded interests therein so as to promote social and economic well-
being and contribute to national development.
Let Us Practice
Write a description about each court under the Judicial Branch of the
government. Write also the the difference between the two special courts.
_________________________________________________________
___________________________________________________________
_________________________________________________________
____________________________________________________________
_________________________________________________________
__________________________________________________________
State here the difference of the two courts.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
17
Let Us Practice More
Match the column A with column B.
Column A Column B
____1. The highest court in the land. A. Judicial Power
____2. It is where Tax cases be heard. B. Diosdado Peralta
____3. It decides cases involving graft and C. Shari'ah Court
corruption by government or employee.
____4. Task to nominate appointees to the D. Art. VIII of 1987
Judiciary Corporation Constitution of
the Phils.
____5. The second highest tribunal in the country E. Sandigan Bayan
____6. The present Chief Justice of the Supreme F. Court of Appeals
Court
____7. It is vested in the Supreme Court and of all G. Tax Appeals
lower courts
____8. It investigates complaints that have not been H. Ombudsman
solved by the organisation who complained
____9. It has jurisdiction over Muslim-majority cases I. JBC
____10. The vesture and definition of the judicial J.Supreme Court
power is effected
Let Us Remember
Let us remember and understand that Judicial Branch of our
government has been established through the power of the 1987 Philippine
Constiution, Article VIII .
✓ Main Focus. The judicial branch is in charge of deciding the meaning
of laws, how to apply them to real situations, and whether a law
breaks the rules of the Constitution.
✓ The Constitution is the highest law of our Nation.
✓ Role and Responsibilities. 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.
Further, judiciary is to adjudicate disputes according to law.
Adjudication involves three functions: fact determination (done mostly
by the trial court), law application and law determination Moreover,
judiciary also interprets the law.
18
✓ 3 Parts of Judicial Branch. The Judiciary is made up of courts -
- Supreme, Circuit, the magistrate (local) and municipal (city)
courts.
✓ “What would happen if we do not have judicial branch of
government?”
Without the judicial branch of our government
there would be no way to force the legislative and
executive branches to uphold and abide by the Constitution.
Disputes and controversies may not be resolved hence the
resolution may not be enforced.
Moreso, if there had been no judiciary, then the rights of
the individuals might not have been conserved.
People would have faced partiality, humiliation, discrimination,
violence in every field.
Lastly, the judicial branch impacts us because it
protects us from laws that might violate the Constitution.
Hence, it will also determine what the punishment is for a
person who broke the law.
Let Us Assess
Multiple Choice. Choose the letter of the best answer. Write the
chosen letter on a separate sheet of paper
.
1. What constitution that grants Judicial power to Judicial branch of
the Philippine Government?
a. 1987 Philippine Constituion, Article VII
b. 1987 Philippine Constituion, Article VIII
c. 1987 Philippine Constitution, Article VI
d. 1987 Philippine Constitution ,Article V
2. What kind of power that is given to the courts under the
Constitution?
a. Judicial Power c. Penalty Power
b. Execution Power d.Interpretaion Power
3. May the Congress increase or decrease the composition of the
Supreme Court?
a. Yes, they can make a resolution.
b. Yes, they can pass a bill.
c. No, the power is embedded in the constitution.
d. No, the Judicial Bar and Council will decided.
4. How many members does the Supreme Court have?
a. 15 b. 14 c. 3 d. 5
5. Who appointed the Supreme Court Chief Justice?
a. Congress c. President of the
State
19
b. Commission on Appointments d. Senate
6. What is the compulsory retirement age of the Members of the
Judiciary?
a. 65 yrs.old c. 70 yrs. old
b. 60 yrs.old d. 75 yrs.old
7. May the ombudsman investigate irregularities in the performance
of a judge independently of any administrative action taken by the
Supreme Court?
a. No, only the Supreme Court can discipline judges.
b. Yes, since the power of Ombudsman is to investigate public
officials.
c. No, they have no authority over judges.
d. Yes, the constitution says so.
8. What court should Tax cases be heard?
a. Court of Appeals c. Supreme Court
b.Court of Tax Appeals d. Regional Trial Court
9. It is known as the second highest court in the land.
a. Supreme Court c. Court of Appeals
b. Regional Trial Court d. Sandiganbayan
10. It has the jurisdiction over Muslim-majority cases.
a. Saranhe Court c.Sayonara Court
b. Shari'ah Court d. Sarangani Court
11. Who is the present Chief Justice of the Supreme Court.
a. CJ Diaosdado Peralta c. CJ Antonio Carpio
b. CJ Renato Corona d. CJ Lucas Bersamin
12. James is accused of rape by his neighbor Layla. Under the law, the
accused have the right to have counsel to provide legal services.
What quasi judicial branch would provide James legal services?
a. Office of the Solicitor General
b. Public Attorney’s Office
c. Office Of The Government Corporate Counsel
d. National Bureau Of Investigation
13. It is tasked to nominate appointees to the Judiciary Corporation.
a. Judicial Power c. Council of Judicial Boiard
b. Judicial Bar Council d. Judicial Corporation
14. All are quasi-judicial courts EXCEPT:
a. RTC c. NBI
b. PCGG d. BUCOR
15. Bellie caught shoplifting, a petty theft, in 7/11 Convenient store.
What court has a jurisdiction over the case?
a. RTC c. CA
b.MTC d.SC
20
Let Us Enhance
True or False. WriteTRUE if the statement is correct and FALSE if the
statement is not correct, then write the correct word to make it a correct
statement.
No. Statements TRUE/FALSE
1. Judicial power rests with the Supreme Court
and the lower courts, as established by law
(Art. VIII, sec. 1 of the 1987 Constitution.
2. Only the Supreme Court may order the
temporary detail of judges.
3. CJ Diosdado Peralta is the present Chief
Justice of the Supreme Court.
4.
The members of the Supreme are 1 Chief
Justice and 14 associate justices.
5.
The President of the Philippines can appoint
the Chief Justice of the Supreme Court.
6.
The highest court in the land is the Regional
Trial Court.
7.
Supreme Court has original jurisdiction to
issue writs of mandamus,prohibiton,
certiorari,hebeas corpus, and quo warranto,
and auxiliary writs or process,whether or not in
aid of its appellate jusrisdicion
8.
Judicial Bar Council is tasked to nominate
appointees to the Judiciary Corporation.
9.
The recovery of ill-gotten wealth accumulated
by former President Ferdinand E. Marcos, his
immediate family, relatives, subordinates and
close associates, whether located in the
Philippines or abroad was spear headed by the
PCGG.
10
RTC Criminal Courts typically try cases of
serious crimes like murder and robbery.
Let Us Reflect
In this module, you have learned about the Judiciary system of our
country. Now, you know the functions of the judiciary system and how this
system works to address legal issues in our country.
21
Answer key to Activities
22
References
CRUZ, A.I.Philippine Political Law,Phoenix Press, INC., Quezon Ciy,
Philippines, 2015.
BERNAS, J.G., S.J. The 1987 Philippine Constitution: A
Comprehensive Reviewer, REX Printing Company,INC. 2011
SALAO, E. C. The 1987 Constitution of the Republic of the Philippines
REX, Printing Company, 2015
CRUZ, A.I.Constitutional Law,Phoenix Press, INC., Quezon Ciy,
Philippines, 2015.
BERNAS, J.G., S.J. The 1987 Philippine Constitution: A
Commentary, REX Printing Company,INC. 2015
Websites:
https://www.doj.gov.ph/agencies.html
https://en.wikipedia.org/wiki/Quasi-judicial_body
https://pbs.twimg.com/media/EdIkXAKUMAAVDb0.jpg
https://geekrepublik.files.wordpress.com/2015/08/branches-of-
government-21-728.jpg
23
For inquiries or feedback, please write or call:
Department of Education – Davao City Division
Elpidio Quirino Ave., Poblacion District, Davao City, 8000 Davao del Sur
Telefax: (082) 224-3274, (082) 222-1672
E-mail Address: davao.city@deped.gov.ph

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Q2 Phil. Politics & Governance 12 Module 1 (1).pdf

  • 1. Philippine Politics and Governance Quarter 2 – Module 1: Philippine Judiciary (Roles and Responsibilities) Senior High School
  • 2. PhilippinePolitics and Governance– Grade 12 Quarter 2 – Module 1: Philippine Judiciary (Roles and Responsibilities) First Edition, 2020 Republic Act 8293, section 176 states that: No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. Borrowed materials (i.e., songs, stories, poems, pictures, photos, brand names, trademarks, etc.) included in this module are owned by their respective copyright holders. Every effort has been exerted to locate and seek permission to use these materials from their respective copyright owners. The publisher and authors do not represent nor claim ownership over them. Published by the Department of Education Printed in the Philippines by Davao City Division Learning Resources Management Development System (LRMDS) Department of Education – Davao City Division, Region XI Office Address:ElpidioQuirino Ave., Poblacion District, Davao City, 8000 Davao del Sur Telefax:(082) 224-3274, (082) 222-1672 E-mail Address:davao.city@deped.gov.ph Development Team of the Module Writer: Maricris V. Enal Editors: Amylyn F. Labasano Reviewers: Illustrator: Template Developer: Neil Edward D. Diaz Management Team: Reynaldo M. Guillena Jinky B. Firman Marilyn V. Deduyo Aries B. Juanillo Alma C. Cifra Amelia S. Lacerna
  • 3. Philippine Politics and Governance Quarter 2– Module 1: Philippine Judiciary (Roles and Responsibilities) Senior High School
  • 4. 1 Introductory Message For the facilitator: As a facilitator, you are expected to orient the learners on how to use this module. You also need to keep track of the learners' progress while allowing them to manage their own learning at home. Furthermore, you are expected to encourage and assist the learners as they do the tasks included in the module. For the learner: As a learner, you must learn to become responsible of your own learning. Take time to read, understand, and perform the different activities in the module. As you go through the different activities of this module be reminded of the following: 1. Use the module with care. Do not put unnecessary mark/s on any part of the module. Use a separate sheet of paper in answering the exercises. 2. Don’t forget to answer Let Us Try before moving on to the other activities. 3. Read the instructions carefully before doing each task. 4. Observe honesty and integrity in doing the tasks and checking your answers. 5. Finish the task at hand before proceeding to the next. 6. Return this module to your teacher/facilitator once you are done. If you encounter any difficulty in answering the tasks in this module, do not hesitate to consult your teacher or facilitator. Always bear in mind that you are not alone. We hope that through this material, you will experience meaningful learning and gain deep understanding of the relevant competencies. You can do it!
  • 5. 2 Let Us Learn This material was designed and written with you in mind. It is here to help you master the Philippine Judiciary (Roles and Responsibilities). The scope of this module permits it to be used in many different learning situations. The language used recognizes the diverse vocabulary level of students. The lessons are arranged to follow the standard sequence of the course. But the order in which you read them can be changed to correspond with the textbook you are now using. The learners: (based on MELCs) After going through this module, you are expected to: Analyze the role and responsibilities of the Philippine Judiciary After going through this module, you are expected to: 1. Identify the role and responsibilities of Philippine Judiciary; 2. Discuss how the Judiciary exercises political neutrality and fairness; and 3. Evaluate the performance of the Philippine Judiciary as a dispenser of justice and a protector of constitiutional safeguards to freedom. This module focuses on the topic Philippine Judiciary (Roles and Responsibilities), which will be your task for the whole week.
  • 6. 3 Let Us Try Directions: Find and encircle the words that are hidden in the grid. The words may be hidden in any direction. Below are the words: Legal Government Constitution Authority Democracy Court Judge Supreme court Power Case a c o n s t i t u t i o n u d f t t h i o p s s t p t c o n s t i t f e e l o h s e r j u d g e i o n w o s e r d u d i c i a l e r f t n e m n r e v o g r i d t o m m o r r o d q w t t r u o c c o m u n a a y r a i c i d u j t e r m b s u p r e m e c o u r t x x m k a l o i a e e d g r v e r c t y l s r b s u w a n d y t t l e g a l o Now, you have to select three words that appeal to you most and write its meaning. Word Meaning 1. 2. 3.
  • 7. 4 Let Us Study Introduction In this module, we will focus on the understanding of the development of the Philippine judicial system. It will cover topics such as the scopes of judicial power, justices and judges’ qualification and judicial organization. There may be questions in your mind that need to be answered such as What is the Judicial Branch of the government?, What does it do?, What is the power of the Judicial branch?, and What makes the Judicial branch of our government powerful or a question of jurisdiction such as to what court will I make my appeal? All these questions in your mind may be answered in taking tiny steps in understanding the Judicial branch of our government. Let us us begin our journey in understanding the Judicial Branch of the Philippine government. Under the 1987 Philippine Constitution, the government has three branches and one of which is the Judicial Branch of the Philippines. According to Art. VIII, sec. 1 of the 1987 Constitution states that, “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….”(1987 Constitution, Art. VII, sec. 1) In a society which looks to the judiciary as the last bulwark of constitutional rights and liberties, one can be spared the agony of disappointment over the silence of the judiciary about critical public issues if one takes the trouble to find out what the role of the judiciary is in the constitutional scheme. Courts are given “judicial power”, nothing more. Therefore, judicial power is the measure of the allowable scope of judicial action.Hence, a proper understanding of the concept is essential to the understanding the role of the judiciary(Cruz,2015). The Judicial power is vested in the Supreme Court and of all lower courts. To give light, Supreme Court is the highest court in the land and judicial power is the power to apply the laws to congress or disputes concerning legally organized rights and duties between the cases and private persons, or to individual litigants in cases properly brought before judicial tribunals(Bernas,2015).
  • 8. 5 First, we have to identify the safeguards embedded in the Constitution. These are the following: 1. The Supreme Court is a constitutional body. It cannot be abolished nor may its membership or the manner of its meetings be changed in mere legislation (Constitution,Art.VIII, sec.4 (1). 2. The members of the Supreme Court may not be removed except by impeachment (Constitution,Art IX,Sec.2). 3. The Supreme Court may not be deprived of its minimum original and appellate jurisdiction as prescribed in Art. VIII, sec.5 of the Consitituiton(Art. VIII sec. 5) 4. The appellate jurisdiction of the Supre Court may not be increased by law without its advice and concurrence (Art, VI sec. 30). 5. Appointees to the judiciary are now nominated by the Judicial and Bar Council and no longer subject to confirmation by the Commission by Appointments (Art.VIII, sec. 9). 6. The Supreme Court now has administrative supervision over all lower courts and their personnel (Art.VIII,sec. 6). 7. The Supreme Court has exclusive power to discipline judges in the lower court ( Art.VIII,sec.11) 8. The members of the Supreme Court and all lower courts have security of tenure, which cannot be undermined by a law reorganizing the judiciary (Art.VIII,sec.11) 9. They shall not be designated to any agency performing quasi- judicial or administrative functions (Art.VIII,sec.12). 10. The salaries of judges may not be reduced during their continuance in office (Art.VIII,sec.10) 11. The judiciary shall enjoy fiscal autonomy(Art VIII,sec.3). 12. The Supreme Court alone may initiae rules of court (Art.VIII,sec.5(5)). 13. Only the Supreme Court may order the temporary detail of judges(Art.VIII,sec.5(3)). 14. The Supreme Court can appoint all officials and employees of the judiciary (Art.VIII,sec.5(6)).
  • 9. 6 The Judicial System in the Philippines https://geekrepublik.files.wordpress.com/2015/08/branches-of-government-21-728.jpg Three kinds of courts in the country 1. Supreme Court-the highest in the land 2. Regular Court-Appellate Court,Regional Trial Court 3. Quasi-Judicial bodies-NLRC (National Labor Realations Commission),SEC etc. . ✓ The Sureme Court is composed of 1 Chief Justice and 14 associate justices who serve until the age of 70, ✓ The court may sit en banc, or in one of its three divisions composed of five members each ✓ The chief Justice and associate justices are appointed by the President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council ✓ The president must fill up a vacancy within 90 days of occurrence.
  • 10. 7 Powers of the Supreme Court According to the 1987 Constitution of the Philippines Article VIII, sec. 5 shall the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors, other public nministers and consults, and over petitions for certiorari, prohibitions, mandamus,quo warranto and hebeas corpus; Definition of Terms Certiorari - an extraordinary writ issued by a superior court (as the Supreme Court) to call up the records of a particular case from an inferior judicial body (as a Court of Appeals) — compare appeal. Ex. If the petitioner is not contented with the decision from the lower court, for review or in appeal ,the SC can call up records of a particular case from the lower court. Prohibitions - is a written order by which a superior court commands a lower court or a corporation,board or person to desist from further proceedings, in action or matter. Ex. A written order to desist a proceedings in action or matter related to a case. Mandamus- an order issued by a higher court commanding a lower court to corporation ,board, or a person to perform a certain act, which is its duty to. Ex. RTC will make an order to PNP to perform a certain act in the performance of a duty. Quo warranto - an action by the government to recover an office or franchise from an individual or corporaion usurping or unlawfully holding it. Ex. If a corporation is acting illegally, the court can recover a franchise legally.Just like Expiration of ABS-CBN farnchise, they can no longer be on air but if they insist to be on air,using the same frequency, then they are acting illegally hence the government can issue a quo warranto for the said corporation. Habeas Corpus - is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. Ex. Requesting to bring the institutionalized mental patient to court to determine if the person is imprisoned or lawfully detained. A Writ of Hebeas Copus must be filed.
  • 11. 8 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 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. 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, modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. 5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
  • 12. 9 Source:https://pbs.twimg.com/media/EdIkXAKUMAAVDb0.jpg Qualifications to become the member of the Supreme Court and any lower collegiate court. ➢ He/she must be a natural born citizen of the Philippines ➢ Must be a 40 years of age ➢ Must have,for 15 years or more, been a judge of a lower court or engaged in the practice of law in the Philippines. Qualifications in the lower courts ➢ Must be a citizen of the Philippines ➢ Must be a member of the Philippine Bar ➢ Must be person of proven competence,integrity, probity and independence Judicial and Bar Council ( JBC) o Task to nominate appointees to the Judiciary Corporation o Chief Justice o Secretary of Justice o Representative from Congress o IBP Representative o Professor of Law o Private Sector Representative
  • 13. 10 In rendering Court Decisions, this decision and opinion is certified by the Chief Justice and served on the parties concerned. Moreover, dissentions and absentions must be expired hence, the view must explain the facts of the law. Regular Courts The Court of Appeal is the second highest tribunal in the country, which was established on February 1, 1936 by virtue of the Commonwealth Act, No. 3 came into being at the time of independence. Moreover,the judges of this court exercise great care in reviewing the decisions of the lower courts and tribunals, against which complaints are made. It is composed of one presiding jusice and 68 justices, all of which are appointed by the President from the shortlist submitted by the Judicial and Bar Council. Jurisdiction of the Court of Appeals: 1. Original jurisdiction to issue writs of mandamus,prohibiton, certiorari,hebeas corpus, and quo warranto, and auxiliary writs or process,whether or not in aid of its appellate jusrisdicion. 2. Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Court. 3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of the Regional Trial Courts and quasi-judicial agencies,instrumentalities,boards or commission, including the Securities and Exchange Commission, the Social Security Commission, except those falling wihin the appellate jurisdiction of the Suprreme Court in accordance with the Constitution, the Labor Code of the Philippines, as amended, the provisions of this Act, ….of the Judiciary Act of 1948. 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 appeallate jurisdiction, including the power to grant and conduct new trials or proceedings.
  • 14. 11 The Court of Tax Appeals Hukuman ng Apelasyon sa Buwis 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. This court has an exclusive jurisdiction over tax appealed by private citizens and commercial firms who protect the amount of tax imposed. Regional Trial Courts (RTC) are also known as Second Level Courts, which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates. The Regional Trial Court (RTC) 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. Moreover,RTC 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. RTC Criminal Courts typically try cases of serious crimes like murder and robbery, as opposed to petty crimes (MTC), which reduce the burden of court cases. Ombudsmen are independent, impartial and provide a free service. They investigate complaints that have not been solved by the organisation complained against. Ombudsmen investigate complaints when something has been handled badly or unfairly, making someone suffer as a result. This is sometimes called maladministration. Republic Act 8249 (February 5, 1997) further defined the jurisdiction of the Sandiganbayan, amending for the purpose PD 1606. The Sandiganbayan (SB) tries and decides criminal and civil cases against government officials and employees accused of graft and corruption and similar other offenses. This is the court that decides cases involving graft and corruption by government or employee.
  • 15. 12 Shari'ah courts in the country are under supervision of the Supreme Court of the Philippines. Shari'ah courts in the Philippines has jurisdiction over Muslim-majority Bangsamoro as well as other parts of Mindanao outside the autonomous region. A Sharia Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic law. To the governments of all sharia states: Support to Sharia Courts should be increased. They handle most of the litigation in these states, especially for the poor. MUNICIPAL CIRCUIT TRIAL COURTS(MTC,MCTC). 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. Hence the primary purpose of government is to establish and maintain order in the society so that members may live together peacefully and gainfully. This is achieved by regulating the relationship among the people and the government. Example: “Ejectment” cases, which include forcible entry or unlawful detainer (non-payment of rentals), must always be filed with the MTC. If filed in RTC, it will be dismissed due to lack of jurisdiction. Quasi-Judicial Courts The Department of Justice (DOJ) pursues its mandate through its agencies. These are the following: 1. BUREAU OF CORRECTIONS 2. BUREAU OF IMMIGRATION 3. NATIONAL BUREAU OF INVESTIGATION 4. PAROLE AND PROBATION ADMINISTRATION 5. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT 6. PUBLIC ATTORNEY'S OFFICE 7. OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION 8. OFFICE OF THE GOVERNMENT CORPORATE COUNSEL 9. OFFICE OF THE SOLICITOR GENERAL 10. LAND REGISTRATION AUTHORITY
  • 16. 13 Bureau of Corrections (BuCor) The Bureau of Corrections (BuCor) is charged with custody and rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more than three (3) years. Bureau of Immigration In accordance with the Revised Administrative Code of 1987, the Commission on Immigration and Deportation was renamed BUREAU OF IMMIGRATION as it is more properly called today. Under this code the Bureau is composed of three (3) structural units namely: the Office of the Commissioner, the Board of Commissioners, and the Board of Special Inquiry. These groups act as collegial bodies and exercises quasi-judicial powers affecting the entry and stay of foreign nationals in the country. National Bureau of Investigation (NBI) The main objective of the National Bureau of Investigation is the establishment and maintenance of a modern, effective and efficient investigative service and research agency for the purpose of implementing fully principal functions provided under Republic Act No. 157, as amended.
  • 17. 14 Parole and Probation Administration (PPA) The Parole and Probation Administration (PPA) provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community based treatment programs. Presidential Commission on Good Government (CCGG) The Presidential Commission on Good Government shall be charged with the task of assisting the President in the recovery of ill- gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives, subordinates and close associates, whether located in the Philippines or abroad, including the takeover or sequestration of all business enterprises and entities owned or controlled by them, during his administration, directly or through nominees, by taking undue advantage of their public office and/or using their powers, authority, influence, connection or relationship; the investigation of such cases of graft and corruption as the President may assign to the Commission from time to time; and the adoption of safeguards to ensure that the above practices shall not be repeated in any manner under the new government, and the institution of adequate measures to prevent the occurrence of corruption. Public Attorneys Office (PAO) The Public Attorney's Office exists to provide the indigent litigants, the oppressed, marginalized and underprivileged members of the society free access to courts, judicial and quasi-judicial agencies, by rendering legal services, counseling and assistance in consonance with the Constitutional mandate that free access to courts shall not be denied to any person by reason of poverty in order to ensure the rule of law, truth and social justice as components of the country's sustainable
  • 18. 15 development. Office for Alternative Dispute Resolutin (OADR) To promote, develop and expand the use of alternative dispute resolution (ADR) in the private and public sectors; and, to assist government to monitor, study and evaluate those sued by the public and the private sector of ADR, and recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards. Office of the Government Corporate Counsel (OGCC) The Office of the Government Corporate Counsel (OGCC) was founded on December 01, 1935 as a Government Counsel Division under the Department of Justice (DOJ). Todate, it has emerged as the premier law office of government-owned and controlled corporations (GOCCs), their subsidiaries, other corporate offsprings and government-acquired asset corporations. Office of the Solicitor General (OSG) / SOLGEN The Office of the Solicitor General which is an independent and autonomous office attached to the Department of Justice for budgetary purposes is the legal representative of the Government of the republic of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding investigation or matter requiring the services of a lawyer before the local court systems or international fora.
  • 19. 16 Land Registration Authority (LRA) The Land Registration Authority is mandated to issue decrees of registration and certificates of titles and register documents, patents and other land transactions for the benefit of landowners, Agrarian Reform-beneficiaries and the registering public in general; to provide a secure, stable and trustworthy record of land ownership and recorded interests therein so as to promote social and economic well- being and contribute to national development. Let Us Practice Write a description about each court under the Judicial Branch of the government. Write also the the difference between the two special courts. _________________________________________________________ ___________________________________________________________ _________________________________________________________ ____________________________________________________________ _________________________________________________________ __________________________________________________________ State here the difference of the two courts. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
  • 20. 17 Let Us Practice More Match the column A with column B. Column A Column B ____1. The highest court in the land. A. Judicial Power ____2. It is where Tax cases be heard. B. Diosdado Peralta ____3. It decides cases involving graft and C. Shari'ah Court corruption by government or employee. ____4. Task to nominate appointees to the D. Art. VIII of 1987 Judiciary Corporation Constitution of the Phils. ____5. The second highest tribunal in the country E. Sandigan Bayan ____6. The present Chief Justice of the Supreme F. Court of Appeals Court ____7. It is vested in the Supreme Court and of all G. Tax Appeals lower courts ____8. It investigates complaints that have not been H. Ombudsman solved by the organisation who complained ____9. It has jurisdiction over Muslim-majority cases I. JBC ____10. The vesture and definition of the judicial J.Supreme Court power is effected Let Us Remember Let us remember and understand that Judicial Branch of our government has been established through the power of the 1987 Philippine Constiution, Article VIII . ✓ Main Focus. The judicial branch is in charge of deciding the meaning of laws, how to apply them to real situations, and whether a law breaks the rules of the Constitution. ✓ The Constitution is the highest law of our Nation. ✓ Role and Responsibilities. 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. Further, judiciary is to adjudicate disputes according to law. Adjudication involves three functions: fact determination (done mostly by the trial court), law application and law determination Moreover, judiciary also interprets the law.
  • 21. 18 ✓ 3 Parts of Judicial Branch. The Judiciary is made up of courts - - Supreme, Circuit, the magistrate (local) and municipal (city) courts. ✓ “What would happen if we do not have judicial branch of government?” Without the judicial branch of our government there would be no way to force the legislative and executive branches to uphold and abide by the Constitution. Disputes and controversies may not be resolved hence the resolution may not be enforced. Moreso, if there had been no judiciary, then the rights of the individuals might not have been conserved. People would have faced partiality, humiliation, discrimination, violence in every field. Lastly, the judicial branch impacts us because it protects us from laws that might violate the Constitution. Hence, it will also determine what the punishment is for a person who broke the law. Let Us Assess Multiple Choice. Choose the letter of the best answer. Write the chosen letter on a separate sheet of paper . 1. What constitution that grants Judicial power to Judicial branch of the Philippine Government? a. 1987 Philippine Constituion, Article VII b. 1987 Philippine Constituion, Article VIII c. 1987 Philippine Constitution, Article VI d. 1987 Philippine Constitution ,Article V 2. What kind of power that is given to the courts under the Constitution? a. Judicial Power c. Penalty Power b. Execution Power d.Interpretaion Power 3. May the Congress increase or decrease the composition of the Supreme Court? a. Yes, they can make a resolution. b. Yes, they can pass a bill. c. No, the power is embedded in the constitution. d. No, the Judicial Bar and Council will decided. 4. How many members does the Supreme Court have? a. 15 b. 14 c. 3 d. 5 5. Who appointed the Supreme Court Chief Justice? a. Congress c. President of the State
  • 22. 19 b. Commission on Appointments d. Senate 6. What is the compulsory retirement age of the Members of the Judiciary? a. 65 yrs.old c. 70 yrs. old b. 60 yrs.old d. 75 yrs.old 7. May the ombudsman investigate irregularities in the performance of a judge independently of any administrative action taken by the Supreme Court? a. No, only the Supreme Court can discipline judges. b. Yes, since the power of Ombudsman is to investigate public officials. c. No, they have no authority over judges. d. Yes, the constitution says so. 8. What court should Tax cases be heard? a. Court of Appeals c. Supreme Court b.Court of Tax Appeals d. Regional Trial Court 9. It is known as the second highest court in the land. a. Supreme Court c. Court of Appeals b. Regional Trial Court d. Sandiganbayan 10. It has the jurisdiction over Muslim-majority cases. a. Saranhe Court c.Sayonara Court b. Shari'ah Court d. Sarangani Court 11. Who is the present Chief Justice of the Supreme Court. a. CJ Diaosdado Peralta c. CJ Antonio Carpio b. CJ Renato Corona d. CJ Lucas Bersamin 12. James is accused of rape by his neighbor Layla. Under the law, the accused have the right to have counsel to provide legal services. What quasi judicial branch would provide James legal services? a. Office of the Solicitor General b. Public Attorney’s Office c. Office Of The Government Corporate Counsel d. National Bureau Of Investigation 13. It is tasked to nominate appointees to the Judiciary Corporation. a. Judicial Power c. Council of Judicial Boiard b. Judicial Bar Council d. Judicial Corporation 14. All are quasi-judicial courts EXCEPT: a. RTC c. NBI b. PCGG d. BUCOR 15. Bellie caught shoplifting, a petty theft, in 7/11 Convenient store. What court has a jurisdiction over the case? a. RTC c. CA b.MTC d.SC
  • 23. 20 Let Us Enhance True or False. WriteTRUE if the statement is correct and FALSE if the statement is not correct, then write the correct word to make it a correct statement. No. Statements TRUE/FALSE 1. Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution. 2. Only the Supreme Court may order the temporary detail of judges. 3. CJ Diosdado Peralta is the present Chief Justice of the Supreme Court. 4. The members of the Supreme are 1 Chief Justice and 14 associate justices. 5. The President of the Philippines can appoint the Chief Justice of the Supreme Court. 6. The highest court in the land is the Regional Trial Court. 7. Supreme Court has original jurisdiction to issue writs of mandamus,prohibiton, certiorari,hebeas corpus, and quo warranto, and auxiliary writs or process,whether or not in aid of its appellate jusrisdicion 8. Judicial Bar Council is tasked to nominate appointees to the Judiciary Corporation. 9. The recovery of ill-gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives, subordinates and close associates, whether located in the Philippines or abroad was spear headed by the PCGG. 10 RTC Criminal Courts typically try cases of serious crimes like murder and robbery. Let Us Reflect In this module, you have learned about the Judiciary system of our country. Now, you know the functions of the judiciary system and how this system works to address legal issues in our country.
  • 24. 21 Answer key to Activities
  • 25. 22 References CRUZ, A.I.Philippine Political Law,Phoenix Press, INC., Quezon Ciy, Philippines, 2015. BERNAS, J.G., S.J. The 1987 Philippine Constitution: A Comprehensive Reviewer, REX Printing Company,INC. 2011 SALAO, E. C. The 1987 Constitution of the Republic of the Philippines REX, Printing Company, 2015 CRUZ, A.I.Constitutional Law,Phoenix Press, INC., Quezon Ciy, Philippines, 2015. BERNAS, J.G., S.J. The 1987 Philippine Constitution: A Commentary, REX Printing Company,INC. 2015 Websites: https://www.doj.gov.ph/agencies.html https://en.wikipedia.org/wiki/Quasi-judicial_body https://pbs.twimg.com/media/EdIkXAKUMAAVDb0.jpg https://geekrepublik.files.wordpress.com/2015/08/branches-of- government-21-728.jpg
  • 26. 23 For inquiries or feedback, please write or call: Department of Education – Davao City Division Elpidio Quirino Ave., Poblacion District, Davao City, 8000 Davao del Sur Telefax: (082) 224-3274, (082) 222-1672 E-mail Address: davao.city@deped.gov.ph