The Judiciary

Judicial Power

Duty of courts to settle actual controversies involving legally demandable and enforceable rights; includes determining grave abuse of discretion by any branch or instrumentality of government.

Constitutional Basis of Judicial Power

Article VIII, Section 1 of the 1987 Constitution; judicial power is vested in one Supreme Court and lower courts established by law.

Philippine Judicial System

Composed of lower courts and the highest court, the Supreme Court.

Municipal Trial Court (MTC)

Court covering only one municipality.

Municipal Circuit Trial Court (MCTC)

Court covering two or more municipalities.

Metropolitan Trial Court (MeTC)

Municipal trial court located within Metropolitan Manila.

Municipal Trial Court in Cities (MTCC)

Municipal trial court in cities outside Metropolitan Manila.

Regional Trial Courts (RTC)

Second-level courts divided into 13 judicial regions; hear appeals and review decisions of lower courts.

Shari'a Courts

Courts that settle legal conflicts between Muslim Filipinos involving customary and personal laws.

Court of Appeals

Court with jurisdiction over appeals from decisions of the Regional Trial Courts.

Sandiganbayan

Special court with exclusive jurisdiction over violations of anti-graft and corruption laws by public officials and employees in relation to their positions.

Supreme Court

Highest court in the Philippines and final court for judicial issues.

Powers of the Supreme Court

May review, revise, reverse, modify, or affirm final judgments and orders of lower courts.

Usual Route to the Supreme Court

Cases generally reach the Supreme Court through an appeal from a decision of a lower court.

Two Categories of Supreme Court Functions

Administrative functions and judicial functions.

Administrative Functions of the Supreme Court

Supervises and controls the judicial branch and employees; makes rules for legal practice, legal assistance, and court procedures.

Judicial Functions of the Supreme Court

Settles actual controversies and exercises judicial review over acts of the executive and legislative branches.

Composition of the Supreme Court

One Chief Justice and fourteen Associate Justices, for a total of 15 members.

Appointment of Supreme Court Members

The President appoints members of the judiciary from a list submitted by the Judicial and Bar Council.

Citizenship Qualification for Supreme Court Justice

Must be a natural-born Filipino citizen.

Age Qualification for Supreme Court Justice

Must be at least 40 years old.

Legal Experience Qualification for Supreme Court Justice

Must have at least 15 years as a lower-court judge or practicing lawyer in the Philippines.

Qualities Required of Supreme Court Justices

Must have proven competence, integrity, probity, and independence.

Nomination of Supreme Court Justices

Supreme Court Justices are nominated by the Judicial and Bar Council.

Tenure of Supreme Court Members

No fixed term; they serve during good behavior until age 70 or incapacity.

Removal of Supreme Court Members

They may be removed from office only through impeachment.

Judicial and Bar Council (JBC)

Body that nominates members of the judiciary for appointment by the President.

Chief Justice's Role in the JBC

Chief Justice serves as the ex officio Chairperson of the JBC.

Members of the JBC

Chief Justice, Secretary of Justice, congressional representative, retired Supreme Court Justice, IBP representative, law professor, and private sector representative.

Purpose of JBC Composition

Mixes legal professionals, government officials, and private citizens to prevent one political interest from controlling judicial nominations.

Judicial Review

Power of the Supreme Court to examine laws or government actions and determine whether they comply with the Constitution.

Effect of an Unconstitutional Law

The Supreme Court may declare it unconstitutional, null, and void.

What Can Be Reviewed by the Supreme Court

Laws, executive orders and proclamations, administrative regulations, government agency acts, and even JBC acts.

Standard for Constitutional Review

A law is unconstitutional if it violates the Constitution or was enacted with grave abuse of discretion.

Effect of Declaration of Unconstitutionality

The law is void from the beginning, as if it had never been passed.

Legal Standing

Requirement that a person have a direct and substantial interest in the outcome to challenge an action before the Supreme Court.

Article VIII, Section 1

Judicial power includes settling actual controversies and determining grave abuse of discretion by government branches or instrumentalities.

Lagman v. Medialdea

2017 case involving Proclamation No. 216 and Martial Law in Mindanao; SC upheld the declaration and affirmed its power to review Martial Law proclamations.

Proclamation No. 216

Proclamation declaring Martial Law in Mindanao, challenged in Lagman v. Medialdea.

Republic v. Sereno

2018 case concerning whether Chief Justice Sereno could be removed through quo warranto rather than impeachment; SC granted the petition and removed her.

Quo Warranto

Legal action questioning a person's title or right to hold public office.

Gios-Samar v. DOTC

2019 case involving whether large infrastructure projects could bypass environmental and public participation requirements; SC required compliance with environmental regulations.

Zarate v. Aquino III

2021 case concerning red-tagging of community organizers; SC dismissed the petition but affirmed that red-tagging can constitute a violation of rights.

Red-Tagging Issue in Zarate v. Aquino III

Whether labeling community organizers as communist terrorists violated their constitutional rights.

Final Arbiter Role of the Supreme Court

The Supreme Court has the final authority in determining the constitutionality of laws and government actions.

Judicial Independence

The principle that courts and judges should be able to perform their duties without improper control or influence from other political interests.

Grave Abuse of Discretion

Serious misuse of authority that can be reviewed by the Supreme Court under its judicial power.

Lower Courts

Courts below the Supreme Court, including municipal trial courts, regional trial courts, the Court of Appeals, Sandiganbayan, and Shari'a Courts.

Second-Level Courts

Regional Trial Courts.

Appellate Courts

Courts that hear appeals and review decisions of lower courts; the RTCs are described this way in the file.

Highest Court in the Philippines

Supreme Court.

Supreme Court Members' Mandatory Retirement Age

70 years old.

Number of Supreme Court Associate Justices

14 Associate Justices.

Total Number of Supreme Court Justices

15 members: 1 Chief Justice and 14 Associate Justices.

Number of RTC Judicial Regions

13 judicial regions.

Minimum Age of Supreme Court Justice

40 years old.

Minimum Legal Experience for Supreme Court Justice

15 years.