ppt. about the government of the Philippines specifically the judicial branch.

1. Judiciary
The Judicial Branch of the Philippines

2. Judiciary - (also known as the judicial system or 'court system)
is the system of courts that interprets and applies the law in
the name of the state. The judiciary also provides a
mechanism for the resolution of disputes. Under the doctrine
of the separation of powers,
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),
but rather interprets law and applies it to the facts of each case.
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.

3. 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)).
• The judiciary enjoys fiscal autonomy. Its appropriation
may not be reduced by the Legislature below the
appropriated amount the previous year (Art. VIII, sec. 2).

5. Supreme Court of the Philippines

6. Supreme Court of the Philippines -
Kataas-taasang Hukuman ng Pilipinas
• 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 assistance to the underprivileged,
and the procedural rules to be observed in all courts.

7. Court of Appeals

8. Court of Appeals - Hukuman ng Paghahabol ng Pilipinas
• 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.

9. Sandiganbayan

10. Sandiganbayan – the peoples
advocate
• 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 region.

11. Sandiganbayan – the peoples
advocate
• THE OMBUDSMAN ACT OF 1989Republic Act
No. 6770
• Philippine Laws Against Graft and Corruption
• Sec. 2. Declaration of Policy. - The State shall
maintain honesty and integrity in the public service
and take positive and effective measures against
graft and corruption.
• Public office is a public trust and must at all times
be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, efficiency,
act with patriotism and justice and lead modest
lives.

12. Court of Tax Appeals

13. Court of Tax Appeals - Hukuman ng
Paghahabol sa Buwis ng Pilipinas
• 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
appeallable 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 Trial Court
and the Court of Appeals.

14. Regional Trial Courts
Regional Trial Courts were established among the
thirteen 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. 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. RTC
Criminal Courts typically try cases of serious crimes like
murder and robbery, as opposed to petty crimes, which
reduce the burden of court cases.

15. MUNICIPAL TRIAL COURTS
• PROCEDURE IN THE MUNICIPAL TRIAL COURTS[CRIMINAL]
RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS
• Section 1. Uniform Procedure.
• The procedure to be observed in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts shall be the
same as in the Regional Trial Courts, except (a) where a particular
provision expressly or impliedly applies only to either of said courts;
and (b) in criminal cases governed by the Rule on Summary
Procedure in Special Cases adopted on August 1, 1983, namely, (1)
Violations of traffic laws, rules and regulations; (2) Violations of the
rental law; (3) Violations of municipal or city ordinances; and (4) All
other criminal cases where the penalty prescribed by law for the
offense charged does not exceed six months imprisonment, or a fine
of one thousand pesos (P1,000.00) or both irrespective of other
imposable penalties, accessory or otherwise, or of the civil liability
arising therefrom; Provided, however, that in offenses involving
damage to property through criminal negligence, said Rule shall
govern where the imposable fine does not exceed ten thousand
pesos (P10,0000.00).

16. MUNICIPAL TRIAL COURTS
• 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.

17. Metropolitan Trial Court
• Municipal Trial Courts in the towns and cities
in the Metropolitan Manila area, as
distinguished from the other political
subdivisions in the Philippines, are referred to
as Metropolitan Trial Courts.
In cities outside Metropolitan Manila, the
equivalent of the Municipal Trial Courts are
referred to as Municipal Trial Courts in
Cities.

18. Municipal Circuit Trial Courts
• Municipal Circuit Trial Courts are
judicial courts of the Philippine Judicial
Sytem which covers two or more
municipalities in the country. 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.

19. Shari’a District
Courts
and
Shari’a Circuit
Courts
www.muslimmindanao.ph

20. Shari’a District Courts
• Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts
which were established in certain specified provinces in Mindanao where
the Code of Muslim Personal Laws of the Philippines is being
enforced. There are five Shari'a District Courts and fifty one Shari'a Circuit
Courts in existence.
A Shari'a District Court is of limited jurisdiction. It was created under
Presidential Decree No. 1083. Cases falling within the exclusive jurisdiction
of the Shari'a District Courts primarily pertain to family rights and duties as
well as contractual relations of Filipino Muslims in the Mindanao.
• The Shari'a District Court has appellate jurisdiction over all cases tried in the
Shari'a Circuit Courts within their territorial jurisdiction.
It shall decide every case on the basis of the evidence and the records
transmitted as well as such memoranda, briefs or oral arguments as the
parties may submit.
The decisions of the Shari'a District Courts, whether on appeal from
the Shari'a Circuit Courts or not, shall be final. The Supreme Court shall,
however, continue to exercise original and appellate jurisdiction over certain
issues as provided by the Constitution.

21. THE SHARI'A CIRCUIT COURTS
• Equivalent to the Municial 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.

22. 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.

23. 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. *
CONST.

24. 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 s a
prerequisite

25. 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

26. APPOINTMENTS TO THE JUDICIARY

27. TMHa.E L oCuHrdIEeFs PJ.U STICE
A. Sereno
Tenure as Chief
Justice: August
24, 2012 –
present
Appointed by:
Benigno S.
Aquino III
Age at
Appointment: 52

28. The incumbent Chief Justice, Ma. Lourdes P.A.
Sereno, appointed by President Benigno S. Aquino
III, took her oath of office on August 25, 2012. She is
the first woman to hold the position.

29. Reference
Website: Official Gazette of the Republic
of the Philippines
URL: http://www.gov.ph/about/judiciary/
Atty.Chan,Joselito and Robles, Reynaldo.
Website: Chan Robles Virtual Law Library
URL: http://www.chanrobles.com/
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