Judicial Power and Court System Flashcards

Flashcards for reviewing key vocabulary and concepts related to Philippine Judicial Power and the Court System.

Judicial Power

Includes the duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

Fiscal Autonomy

The Judiciary has fiscal autonomy and its appropriations may not be reduced by the Legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Composition of the SC

Composed of a Chief Justice and 14 Associate Justices who may sit en banc or, in its discretion, in divisions.

Administrative Supervision of Courts and Personnel

The SC shall have administrative supervision over all courts and the personnel thereof.

Appointment of Justices and Judges

Members of the SC and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy and such appointments need no confirmation.

Decisions of Courts

No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

Office of the Court Administrator (OCA)

Created to assist the Supreme Court in the exercise of its power of administrative supervision over all courts.

First Level Courts

Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, Municipal Circuit Trial Court, Shari’ah Circuit Court

Second Level Courts

Regional Trial Court, Family Court, Shari’ah District Court

Third Level Courts (Appellate Courts)

Court of Appeals, Sandiganbayan, Court of Tax Appeals

Fourth Level Court (Highest Court of the Land)

Supreme Court of the Philippines

Republic Act No. 11459 (Judges-at-Large Act of 2019)

Assigned to help decongestion

100 positions of RTC judges at large

50 MTC judges at large

Function of the Judicial and Bar Council (JBC)

Recommending appointees to the judiciary, principal function.

Composed of the CJ, SOJ, rep of COngress, rep from the integrated bar, retired member of the SC, private sector rep

Jurisdiction of First Level Courts - Civil Cases

Civil actions and probate proceedings where the value of the personal property, estate, or amount of the demand does not exceed P2,000,000.00 (in the case of succession and inheritance)

Cases of forcible entry and unlawful detainer (property)

title to, or possession of, real property where the assessed value does not exceed P400,000.00.

Jurisdiction of First Level Courts – Cadastral and Land Registration Cases

May be assigned by the SC to hear and determine cadastral and land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed P100,000.00. Properties for titling

Jurisdiction of First Level Courts – Special Jurisdiction in Certain Cases

In the absence of all the RTC judges in a province or city, may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent RTC judges sit.

Jurisdiction of the RTCs in Civil Cases

In all civil actions which involve title to, or possession of real property - assessed value is more than P400,000.00, actions in admiralty and maritime jurisdiction – where demand or claims exceeds P2,000,000.00, matters of probate, both testate and intestate – where the gross value of the estate exceeds P2,000,000.00.

Jurisdiction of the METCs, MTCCs, MTCs, and MCTCs over civil actions

Where the value of the personal property, estate or amount of the demand does not exceed P2,000,000.00, exclusive of interest, damages of whatever kind, attorney’s fees.

all civil actions which involve title

to, or possession of, real property, or any interest therein – where

the assessed value of the property or any interest therein does not

exceed P400,000.00

Exclusive original jurisdiction in admiralty and maritime actions -

where the demand or claim does not exceed P2,000.000.00

Jurisdiction of First Level Courts – Criminal Cases

All violations of city or municipal ordinances committed within their respective territorial jurisdiction

All offenses punishable with imprisonment not exceeding 6 years

Damage to property through criminal negligence

Jurisdiction of Shari’a Circuit Courts

All cases involving offenses defined and punished under the Code of Muslim Personal Laws of the Philippines.

Both parties need to be Muslim. Involves matters like divorce, breach of contract to marry, dowry, DISPOSITION and

DISTRIBUTION of PROPERTY under DIVORCE; (f)

MAINTENANCE and SUPPORT, and CONSOLATORY GIFTS

(MUT’A); and (g) RESTITUTION of MARITAL RIGHTS

• communal properties

Jurisdiction of Second Level Courts (RTCs) - Civil Cases

Subject of litigation is incapable of pecuniary estimation (not about demanding money but a course of action), civil actions involving title to real property where the property exceeds P400,000.00, actions in admiralty and maritime jurisdiction where the demand or claim exceeds P2,000,000.0, estate exceeds P2M

All actions involving the contract of marriage

Jurisdiction of Second Level Courts (RTCs) - Criminal Cases

Criminal cases not within the exclusive jurisdiction of any court, tribunal or body

OFFENSES COMMITTED by PUBLIC OFFICERS and

EMPLOYEES in RELATION to their OFFICE where the

PENALTY prescribed by law is IMPRISONMENT

EXCEEDING SIX (6) YEARS or a FINE EXCEEDING

P4,000 when the OFFENDER’s POSITION carries a

SALARY SCALE LOWER than GRADE 27

ALL OTHER OFFENSES where the IMPOSABLE PENALTY

prescribed by law is IMPRISONMENT EXCEEDING SIX (6)

YEARS irrespective of the fine, other imposable accessory

or other penalties, including the civil liability involved

ISSUANCE of WRITS of CERTIORARI, PROHIBITION, MANDAMUS, QUO

WARRANTO, HABEAS CORPUS and INJUNCTION which may be enforced in any

part of their respective regions

q ACTIONS AFFECTING AMBASSADORS and OTHER PUBLIC MINISTERS and

CONSUL

Republic Act No. 8369 (Family Courts Act of 1997)

Established a Family Court in every province and city in the country.

Jurisdiction in criminal cases: (1) where one or more of the accused is below 18 years of

age but not less than 9 years of age or (2) where one or more of the victims is a minor at

the time of the commission of the offense, as well as cases against minors cognizable under

the Dangerous Drugs Act or domestic violence against women and children

Jurisdiction in non-criminal cases like custody of children, annulment of marriage, etc

Jurisdiction of Shari’a District Courts

Cases involving custody, guardianship, legitimacy, paternity and filiation; declaration of absence and death; actions arising from customary contract in which the parties are Muslims, etc.

Jurisdiction of the Court of Appeals

Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus and quo warranto and exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts.

EXCLUSIVE APPELLATE JURISDICTION over ALL FINAL

JUDGMENTS, RESOLUTIONS, ORDERS or AWARDS of RTCs and

QUASI-JUDICIAL AGENCIES, INSTRUMENTALITIES, BOARDS or

COMMISSION, including the SECURITIES and EXCHANGE

COMMISSION, the SOCIAL SECURITY COMMISSION, the

EMPLOYEES COMPENSATION COMMISSION and the CIVIL

SERVICE COMMISSION, except those falling within the appellate

jurisdiction of the Supreme Court

Jurisdiction of the Sandiganbayan

Original jurisdiction over cases involving violations of RA 3019 (Anti-Graft and Corrupt Practices Act), cases involving members of Congress and officials with salary grades of 27 or higher.

Jurisdiction of the Court of Tax Appeals over Civil Cases

Exclusive appellate jurisdiction to review by appeal decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of taxes, penalties in relation thereto, or other matters arising under the National Internal Revenue Code.

REVIEW by APPEAL DECISIONS, ORDERS or RESOLUTIONS of RTCs in LOCAL

TAX CASES

q REVIEW DECISIONS of the COMMISSIONER OF CUSTOMS in cases involving

customs duties, fees, etc;

q REVIEW DECISIONS of the CENTRAL BOARD OF ASSESSMENT APPEALS

q REVIEW DECISIONS of the SECRETARY of FINANCE on customs cases;

q REVIEW DECISIONS of the SECRETARY of TRADE and INDUSTRY involving

non-agricultural products and the SECRETARY of AGRICULTURE pertaining to

agricultural products

JURISDICTION OF THE COURT OF TAX APPEALS - criminal cases

EXCLUSIVE ORIGINAL JURISDICTION over ALL CRIMINAL

OFFENSES arising from VIOLATIONS of the NATIONAL

INTERNAL REVENUE CODE or TARIFF and CUSTOMS CODE and

other laws administered by the BIR or BOC

q Where the PRINCIPAL AMOUNT involved is LESS THAN

P1,000,000.00, TRIAL shall be with the REGULAR COURTS and

then CTA shall have APPELLATE JURISDICTION

Powers of the Supreme Courts

Exercise original jurisdiction To decide cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari,prohibition, mandamus, quo warranto and habeas corpus

Review,

revise,

reverse,

modify or

affirm final

decisions of

lower courts

• Order a change of venue or place of trial

• Assign lower court judges

• Promulgate rules Concerning the protection and enforcement of

  constitutional rights, pleadings, practice and

  procedure in all courts, the admission to the practice

  of law, the integrated bar and legal assistance to the

  underprivileged

• Appoint all judiciary officials and employees

Supreme Court Composition

1 Chief Justice and 14 Associate Justices, 3 Divisions.

Court of Appeals Composition

1 Presiding Justice and 68 Associate Justices, 23 Divisions

CTA composition

1 presiding justice and 8 associate justices

Sandiganbayan Composition

1 Presiding Justice and 20 Associate Justices, 7 Divisions

What are court initiatives for a responsive and dynamic justice system

Videoconferencing for PDLs — judges may allow PDLs to attend hearings via videoconferencing

(Non-Issuance of a Release Order upon Completion of Service of Sentence and Submission of Reports from Authorities having Custody of Persons Deprived of Liberty — wardens can already release if they have finished their sentence

Reiteration on the Probation on on the Issuance of Restraining Orders or Writs of Injunction against National Government Infrastructure Projects

All courts except the Supreme Court from issuing a Temporary Restaining Order against the gov, posting bail even on weekends and holidays , ensure the cancellation of HDOs in judge’s decisions, search warrant applications are for judges and vice executive judges they shoudn’t raffle it off, one-time motion for inhibition

Role of the judiciary marshals

Protect, defend, safeguard, watch over, provide

security for, and ensure the safety of justices,

judges, court officials and personnel, including

their families, and halls of justice, courthouses,

court buildings, and other court properties

Conduct threat assessments and undertake

investigations and forensic analysis, in

coordination with other law enforcement agencies,

of crimes and other offenses committed against ,

including potential actionable security threats to,

justices, judges, court officials and personnel,

halls of justice, courthouse, court buildings, and

other court properties,

Conduct investigations, as directed by the SC, the

Chief Justice, or the Court Administrator and in

coordination with other law enforcement agencies,

concerning allegations of irregularities,

including graft and corruption, committed by

justices, judges, court officials and personnel

Ø Assist in the execution and implementation of

all lawful writs, processes and orders

Revisions under CPRA

The CPRA was restructured to create a parallelism to the New Code of Judicial Conduct (has six [6] Canons on Independence, Integrity, Impartiality, Propriety, Equality, and Competence & Diligence)

Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and Other Papers in Civil Cases

This Rule 13-A Govern electronic filing of all pleadings, motions, and other papers as well as their service and Applicable exclusively in civil cases before first- and second-level courts but the complaint has to be a physical copy

Four Guiding Principles of the Strategic Plan for Judicial Innovations

TIMELY AND FAIR JUSTICE, TRANSPARENT AND ACCOUNTABLE JUSTICE, EQUAL AND INCLUSIVE JUSTICE, TECHNOLOGICALLY ADAPTIVE MANAGEMENT

How does the judiciary plan to become more efficient

Streamline court systems and operations based on the needs of internal and

external stakeholders & Enhance quality measure to drive performance excellence