2. Objectives
At the end of this lesson, the students should be able to;
1. Identify the function of the Philippine judiciary;
2. Discuss how the judiciary exercises political neutrality and
fairness; and
3. Discuss the performance of the Philippine Judiciary as a
dispenser of justice and a protector of constitutional rights and
freedom.
3. A Glimpse Back
Rewrite the following paragraph to correct the information on
the executive branch of government.
The Executive branch of Government is divided into two
clans – the bottom clan and the higher clan. There are 47
senators in the higher clan and 300 representatives or
congressmen in the bottom clan. This branch of the government
is responsible mainly for the crafting of laws. A law which is in
the process of being approved is called a break. A break then
becomes a law after it is approved by both clans and by the
office of the ombudsman.
4. Test Your Stock Kowledge
Identify the following items. Re arrange the jumbled letters to come up
with the correct answer.
______1. The court that handles graft and corruption cases of government
employees. (NASANYDIABNGA)
______2. This person appoints the Chief Justice of the Supreme Court.
(TEENSIRPD)
______3. This court handles the appointment of judges to various lower
courts (PERMESU TURCO)
______4. This court reviews decisions and orders of the Regional Trial
Courts. (TURCO OF PAEPALS)
5. Judicial Power
Power to apply the laws to settle disputes between the
State and private persons, or between individual
litigants
Interpret the law to make it enforceable and binding to
all
Supreme Court and other lower courts
6. Judicial Power
Adjudicatory Power
To settle actual controversies involving rights
To determine whether there has been a grave abuse of discretion to lack or excess of jurisdiction
Legality of actions
Lack of jurisdiction
Lack of authority to act on the matter in dispute
Judicial Review
Interpret the law and make them binding judgments
Constitutionality of the laws
Constitutionality of no permit no rally policy
Incidental Power
powers essential for the discharge of their judiciary function
Contempt of Court
Subpoena
Warrant of Arrest
7. Judicial Review
Power of the court to interpret the Constitution
To declare any legislative or executive act as unconstitutional and
invalid
Grave abuse of discretion
To uphold supremacy of the Constitution
Limited to validity and legality issues
8. Supreme Court
Final decision maker
Highest court of the land
Classes of Courts
Constitutional Court
• Provided by the constitution
• One Supreme Court
Statutory Courts
• Creations of law
Legislative
• Lower courts
Courts below the Supreme Court
9. Statutory Courts
Regular
Court of Appeals
Regional Trial Court
Metropolitan Trial Court
Municipal Trial Court
Municipal Circuit Trial Court
• Shari’a District Court
Special
Sandiganbayan
Review cases filed against government officials
Court of Tax Appeals
• Review appeals on the decisions of the BIR
10. Quasi- Judicial Agencies
Agencies under the Executive Department performing
duties similar to the Judicial Department
Make pronouncements and judgments on certain issues
• Commission on Elections
• National Labor Relations Commission
• Securities and Exchange Commission
• They render judgments just like the Judicial Department, yet they form part
of the Executive Department
11. Powers of the Judiciary
Settle disputes concerning consuls or diplomats
• They enjoy immunity from domestic suits or cases
Petition for Certiorari
• Special civil action requesting a lower court or body to transmit
the records to the superior court for review
Prohibition
• Writ by which the superior court prohibits the lower court or body
to stop further proceedings
12. Powers of the Judiciary
Mandamus
• Order by a superior court to a lower court to do perform a
certain act which it is bound to do so
Quo Warranto
• Action by the government to recover an office or franchise
from an individual unlawfully holding it
Automatic Review of Cases sentenced by lower court with
Reclusion Perpetua or Death Penalty
13. Who can be a Supreme Court Judge?
Natural-born Philippine citizen
At least 40 years old
At least 15 years experience of being Judge at the lower court
or engaged in the practice of law
Person of proven competence, integrity, probity and
independence
For lower court Judges, natural-born citizenship requirement is
not necessary
14. Process in Appointing a Judge
List of three nominees submitted by the Judicial and
Bar Council (JBC)
President will choose from the list
15. Tenure of Office
Retiring age at 70 years old
Incapable of discharging duties
• Physically or mentally
Requires to be impeached to be removed from office
16. Composition of the Supreme Court
Composed of 15 Judges
Chief Justice
Appointed by the President
Hearing Procedure
• In performance of their job, are they required to always meet as a single group of
15?
• Due to the huge volume of pending cases filed at them
• En banc
Divisions of three members (5 divisions)
Divisions of five members (3 divisions)
Divisions of seven members (2 divisions)
-Gravity and importance of the case
- At least three judges agreeing
17. En Banc Session
Constitutionality Issues
•treaty, international law, executive agreement, laws
•presidential decrees, proclamations, and orders
Majority of the members of the judiciary who participated in
the hearing
If majority votes were not obtained, constitutionality is upheld
15 members – quorum is 8 – votes required is only 5
Administrative proceedings for the dismissal of a
judge of a lower court
18. En Banc Session
Cases where majority vote is not obtained at the lower courts
• Division with 3 members
• Majority vote is equals to?
3 votes
• What will happen if two judges agreed, the other disagreed?
Case will be decided by en banc
Modifying decisions in cases decided in an en banc session
19. Independence of the Judiciary
Among the three branches of government, independence of the Judiciary is
very important
Why?
Confidence in the government
• Being aware that you have someone to depend on in case of disputes or
conflicts
Preservation of the government
• Settle issues being different government agencies
Respect for law and order
• Organized and civilized society
20. Analysis Guide
1. What do you think is the greatest factor that can delay the
resolution of cases in the Philippine courts?
2. Why is due process important?
3. What is your concept of justice? Will it work in our present legal
system? Why or why not?