HIERARCHY OF COURTS (Judicial Power and the Supreme Court)

Judicial Power

the settlement of legal disputes or controversies between adverse parties so that rights are protected and wrongs are readressed

Judicial Department

Holds the powers to interpret, to apply, and to settle and render judgements on controversies that are legally demandable and enforceable before the courts of jurisdiction

determines whether or not a grave abuse of discretion has been practiced or exercised in any branch of instrumentality of the Philippine gov’t

also enjoys fiscal autonomy, appropriations of which may not be reduced by the Legislature below the appropriated amount from the previous year (Art. VIII, Sec. 3)

Supreme Court

there is only one supreme court

has one main function, that is to settle actual controversies involving conflict of legal rights that are demandable and enforceable before the courts of jurisdiction

the final arbiter of any justiciable controversy and has the last word of what the law really is

Supreme Court composition:

1 Chief Justice, 14 Associate Justice

Power of Adjudication

duty of the court justice to settle actual controversies involving rights which are legally demandable and enforceable

Power to Adjudicate

It is essentially and fundamentally the power to, by establishing facts and applying the pertinent law/s, settle, decide, and resolve actions

An Actions may be civil, criminal, or a matter covered by special proceedings

Civil Action

A suit brought by one private party against another private party for the enforcement or protection of a right or the prevention or redress of a wrong.

Criminal Action

A suit brought by the state against a person suspected of having committed a felony defined and penalized by law (eg. The Revised Penal Code, the Plunder Act, the Anti-Graft and Corrupt Practices Act, etc.)

Special Proceedings

Instituted by parties that seek to establish a status, a right, or a particular fact

Power of Judicial Review

the “duty” 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.

Original Jurisdiction

the jurisdiction of the Court to hear and decide cases: a) affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus

These cases are directly filed with the Supreme Court in the first instance without passing through any of the lower courts (SC of the Philippines, Brief Overview)

Appellate Jurisdiction

the jurisdiction of the court to review, revise, reverse, modify or affirm final judgements, and orders of the lower courts in all cases of great public interests or of serious moments to individual rights

Courts that have both original and appellate jurisdiction

Sandiganbayan, Courts of Tax Appeals, Regional Trial Courts, and Shari’a District Court.

Courts with original jurisdiction

The basic level trial courts and the Shari’a Circuit Court, being located at the base of the judicial hierarchy are vested on with original jurisdiction.

Appellate courts

The Supreme Court, Court of Appeals, and Shari’a Appellate Court are strictly speaking purely appellate courts, the SC and CA are also given original jurisdiction over certain types of cases – that is, cases involving the petitions for and issuance of the so-called extraordinary writs

Petitioner

the one who goes to court and asks the court to issue the writ or take action

Respondent

the one who is brought to court and whose actions are the subject of the petitioners petition

Administrative Supervision Power

This is the power of the Court to oversee all courts and court personnel (Article VIII, Sec. 6) through the Office of the Court Administrator

Rule Making Power

This is the exclusive power of the court to promulgate rules concerning the protection and enforcement of both the constitutional and the statutory rights, and for the speedy disposition of cases (Art. VIII, Sec. 5(5))