Lesson 9 Functions of the Judicial Branch.pdf

1. Functions of
the Judicial
Branch
LESSON 9

2. What is the Judiciary?
The Judicial branch of the government
is the primary agency that handles
matters concerning settlement of
issues regarding the rights and
interpretation of law.

3. What is the Judicial Power?
The power of the judiciary rests on
the Supreme Court and the lower
courts, which include the Court of
Appeals, Sandiganbayan, down to the
Regional Trial Court, the Metropolitan
Trial Court, and Municipal Trial Court.

4. What is the Judicial Power?
Power and duty of courts of justice to interpret and
to apply the laws.
It includes the duty of the courts of justice to settle
actual controversies involving rights which are
legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.

5. What is a Court?
It is a body to which the public
administration of justice is
delegated.

6. Scope of Judicial Power
Adjudicatory Power- includes the duty of courts
of justic.
a. To settle actual controversies involving
rights which are legally demandable
b. To determine whether there has been
grave abuse of discretion amounting to lack
or excess of jurisdiction
Grave Abuse of Discretion – lack of authority
to act on the matter in dispute

7. Scope of Judicial Power
a. To pass upon validity or
constitutionality of the laws of the state
and the acts of the other departments of
the government
b. To interpret them
c. To render binding judgments
2. Power of Judicial Review

8. Scope of Judicial Power
necessary to the effective discharge
of the judicial functions
3. Incidental Powers

9. Powers of the Judiciary
A.Settle disputes concerning consuls
or diplomats - They enjoy immunity
from domestic suits or cases
B.Petition for Certiorari - Special
civil action requesting a lower court
or body to transmit the records to
the superior court for review

10. Powers of the Judiciary
C. Prohibition - Writ by which the
superior court prohibits the lower
court or body to stop further
proceedings
D. Mandamus - Order by a superior
court to a lower court to do perform
a certain act which it is bound to do
so

11. Powers of the Judiciary
E. Quo Warranto - Action by the
government to recover an office or
franchise from an individual
unlawfully holding it
F. Automatic Review of Cases
sentenced by lower court with
Reclusion Perpetua or Death Penalty

13. Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
The highest court in the Philippines.
It has an administrative supervision
over all courts and the personnel.
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.

14. Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
Some of the functions of the Supreme
Court:
The Supreme Court primarily handles the
cases of ambassadors, other public
ministers, and consuls.
1.

15. Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
Some of the functions of the Supreme
Court:
2. Review, affirm, reverse, or amend the the decision
of lower courts on certain cases that may concern
the constitutionality or validity of international
agreement and presidential decrees, questionable
decisions or processes of the lower courts, cases
which are punishable by lifetime imprisonment,
error or question of law, among others.

16. Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
Some of the functions of the Supreme
Court:
3. Appointments of judges, officials, and
employees of the judiciary.
4. Create and disseminate rules and
procedures concerning the processes in
legal courts as well as the membership to
the Bar.

17. Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
It is composed of:
1 Chief Justice
14 Associate Justices

18. Organizations of Courts
1. REGULAR COURTS
1.) 69 Justices
2.) Headed by presiding Justice which
Operates in 23 divisions each comprising
3 members
3.) The Courts sits en banc only to
exercise administrative, ceremonial, or
other no-adjudicatory functions
B. Court of Appeals

19. Organizations of Courts
1. REGULAR COURTS
presided by 720 Regional Trial Judges in
each of 13 Regions in the Country.
presided by 720 Regional Trial Judges in
each of 13 Regions in the Country.
C. Regional Trial Court
D. Shari’ a District Courts

20. Organizations of Courts
1. REGULAR COURTS
This are judicial courts of the Philippine
Judicial System which covers two or more
municipalities in the country
E. Municipal Trial Court
F. Metropolitan Trial Court

21. Organizations of Courts
1. REGULAR COURTS
in the towns and cities in the Metropolitan
Manila area, as distinguished from the
other political subdivisions in the
Philippines.
H. Shari’ a Circuit Courts (same privileges
with the Municipal Circuit Courts)
G. Metropolitan Circuit Trial Court

22. Organizations of Courts
2. SPECIAL COURTS
14 Justices which operates in 5 divisions
each comprising 3 members
tries and decides criminal and civil cases
against government officials and
employees accused of graft and
corruption and similar other cases.
a. Sandiganbayan

23. Organizations of Courts
2. SPECIAL COURTS
It is the special court of limited jurisdiction,
and has the same level with the Court of
Appeals.
5 Justices and a Presiding Justices
created under R.A. no. 1125 as amended by R.A.
no. 9282, which has exclusive appellate
jurisdiction to review on appeal concerning
internal revenue taxes and decisions.
b. Court of Tax Appeals (Hukuman ng
Paghahabol sa Buwis ng Pilipinas)