The judicial department is one of the three branches of government that interprets and applies the laws to resolve legal disputes. The judicial power is vested in the Supreme Court and lower courts. The Supreme Court has 15 Justices and has powers like settling legal controversies, judicial review, and assigning judges. It oversees the court system which includes the Court of Appeals, regional trial courts, and lower courts that handle trials.
2. JudiciaryJudiciary
one of the three branches of theone of the three branches of the
governmentgovernment
interprets the lawinterprets the law
provides mechanism for theprovides mechanism for the
resolution of disputeresolution of dispute
3. The Judicial PowerThe Judicial Power
Article VIII, Section 1:Article VIII, Section 1: Judicial powerJudicial power
will be vested in thewill be vested in the Supreme CourtSupreme Court
andand all lower courtsall lower courts
Judicial powerJudicial power: the power to: the power to applyapply
the lawsthe laws to contests or disputesto contests or disputes
concerning legally recognized rightsconcerning legally recognized rights
4. Judicial PowerJudicial Power
Generally entails two activities:Generally entails two activities:
1.1. SettlingSettling legal controversieslegal controversies
1.1. Determining whether there hasDetermining whether there has
beenbeen grave abuse of discretiongrave abuse of discretion
amounting to lack or excess ofamounting to lack or excess of
jurisdiction by any branch ofjurisdiction by any branch of
governmentgovernment
5. Scope of Judicial PowerScope of Judicial Power
Adjudicating PowerAdjudicating Power
The power to settle legal disputesThe power to settle legal disputes
Power of Judicial ReviewPower of Judicial Review
Refers to the power of the SupremeRefers to the power of the Supreme
Court to interpret and make judgmentsCourt to interpret and make judgments
with respect to the lawwith respect to the law
Incidental PowersIncidental Powers
Powers necessary for the discharge ofPowers necessary for the discharge of
the judicial functionthe judicial function
6. Powers of the Supreme CourtPowers of the Supreme Court
SC hasSC has jurisdictionjurisdiction over:over:
Cases involving ambassadors andCases involving ambassadors and
public ministerspublic ministers
Petitions forPetitions for certioraricertiorari,, mandamusmandamus,,
quo warrantoquo warranto, prohibition &, prohibition & habeashabeas
corpuscorpus
Review judgmentsReview judgments of lower courtsof lower courts
Cases involving constitutionality,Cases involving constitutionality,
legality of any tax,legality of any tax, reclusion perpetuareclusion perpetua
and errors on questions of lawand errors on questions of law
7. Assignment of judges to the lowerAssignment of judges to the lower
courtscourts
Order a change of venue for a trialOrder a change of venue for a trial
Promulgate rules of courtPromulgate rules of court
Appoint officials of the judiciary andAppoint officials of the judiciary and
hire employees for the judicialhire employees for the judicial
branchbranch
Powers of the Supreme CourtPowers of the Supreme Court
8. Rendering Court DecisionsRendering Court Decisions
Once a decision is reached, a SCOnce a decision is reached, a SC
Justice is assigned to write anJustice is assigned to write an
opinionopinion
The opinion isThe opinion is certified by the Chiefcertified by the Chief
Justice and servedJustice and served to the partiesto the parties
concernedconcerned
DissentionsDissentions andand abstentionsabstentions must bemust be
explainedexplained
TheThe opinionopinion must explainmust explain facts of lawfacts of law
9. Organization of PhilippineOrganization of Philippine
CourtsCourts
SUPREME COURT
COURT OF APPEALS
REGIONAL TRIAL COURTS
SHARI’A DISTRICT
COURTS
METROPOLITAN TRIAL COURTS
MUNICIPAL TRIAL COURTS IN
CITIES
MUNICIPAL TRIAL COURTS
MUNICIPAL CIRCUIT TRIAL
COURTS
SHARI’A CIRCUIT COURTS
APPELLATE
COURTS
TRIALS
COURTS
SANDIGANBAYAN
COURT OF TAX
APPEALS
QUASI-JUDICIAL AGENCIES
10. The Supreme CourtThe Supreme Court
CompositionComposition
1 Chief Justice and 14 Associate1 Chief Justice and 14 Associate
JusticesJustices
SitsSits en bancen banc or in divisionsor in divisions
QualificationsQualifications
By appointmentBy appointment
40 years of age40 years of age
Natural born citizenNatural born citizen
11. SUPREME COURTSUPREME COURT
COMPOSITIONCOMPOSITION
CHIEF JUSTICE – MARIACHIEF JUSTICE – MARIA
LOURDES P.A. SERENOLOURDES P.A. SERENO
14 ASSOCIATE JUSTICE14 ASSOCIATE JUSTICE
ANTONIO T. CARPIOANTONIO T. CARPIO
PRESBITERO J. VELASCO, JRPRESBITERO J. VELASCO, JR
TERESITA J. LEONARDO DETERESITA J. LEONARDO DE
CASTROCASTRO
12. ARTURO D. BRIONARTURO D. BRION
DIOSDADO M. PERALTADIOSDADO M. PERALTA
LUCAS P. BERSAMINLUCAS P. BERSAMIN
MARIANO C. DEL CASTILLOMARIANO C. DEL CASTILLO
MARTIN S. VILLARAMA, JR.MARTIN S. VILLARAMA, JR.
JOSE P. PEREZJOSE P. PEREZ
JOSE C. MENDOZAJOSE C. MENDOZA
13. BIENVENIDO L. REYESBIENVENIDO L. REYES
ESTELA M. PERLAS-BERNABEESTELA M. PERLAS-BERNABE
MARVIC MARIO VICTOR F.MARVIC MARIO VICTOR F.
LEONENLEONEN
ROBERTO A. ABAD – (RETIRED)ROBERTO A. ABAD – (RETIRED)
14. ISSUES AND CONCERNISSUES AND CONCERN
TREATIESTREATIES
CONSTITUTIONALITYCONSTITUTIONALITY
LEGALITY OF ANY TAXLEGALITY OF ANY TAX
ERRORS ON QUESTIONS OFERRORS ON QUESTIONS OF
LAWLAW
Editor's Notes
There are three kinds of courts in the country:
SUPREME COURT – The highest court of the land
REGULAR COURT – Appelate court, Regional Trial Court, etc.
QUASI JUDICIAL BODIES – NLRC, SEC, etc.
Each court has its own jurisdiction