Judiciary of the Philippines – Quick Reference

The Judiciary (Judicial Branch) of the Philippines interprets and applies the law in the name of the state; provides a mechanism for dispute resolution.
Under the doctrine of separation of powers, the judiciary generally does not make law (legislature’s job) or enforce law (executive’s job) but interprets and applies it to the facts of each case.
It aims to ensure equal justice under law and includes the Supreme Court plus lower courts.

Judicial power rests with the Supreme Court and the lower courts, as established by $Art. VIII, Sec. 1$ of the $1987$ Constitution.
Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).
The judiciary enjoys fiscal autonomy; its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, Sec. 2).

The highest court in the Philippines; has administrative supervision over all courts and personnel.
Composition: $14$ associate justices and $1$ Chief Justice.
Powers: judicial and administrative; may promulgate rules for admission to the practice of law, for legal aid to the underprivileged, and for procedural rules in all courts.

Second-highest judicial court; composition: $68$ Associate Justices and $1$ Presiding Justice.
Established under Batas Pambansa Bilang $129$ (The Judiciary Reorganization Act of 1980).
Sits by divisions, each division with three members; may sit en banc for administrative, ceremonial, or non-adjudicatory functions.
Appointed by the President.

Special court equivalent in rank to the COA; tries cases against government officials for graft and related offenses.
Sits in five (5) divisions of three justices each; first three divisions in Metro Manila; fourth in Cebu City; fifth in Cagayan de Oro City.
Established by Presidential Decree No. $1606$ .

The Ombudsman Act of $1989$ , Republic Act No. $6770$ : policy to maintain honesty and integrity in public service; public office is a public trust; accountability and service with patriotism and justice.

Special court of limited jurisdiction; at the same level as the Court of Appeals.
Composition: $8$ Associate Justices and $1$ Presiding Justice.
Expanded jurisdiction transferred from RTCs and COA to CTA; handles matters involving the National Internal Revenue Code and Tariff and Customs Code, plus local and real property taxes.

Established across Regions $I$ – $XII$ and the National Capital Region (NCR).
RTCs exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, except those now falling under Sandiganbayan.
RTCs handle serious crimes (e.g., murder, robbery) and serve as the standard trial courts at the regional level.

Metropolitan Trial Courts (MTCs) / Municipal Trial Courts (MTCs) / Municipal Circuit Trial Courts (MCTCs) – procedure aligned with RTCs; specific criminal rules may apply under the Rule on Summary Procedure for certain offenses.
Uniform procedure applies across MTCs, MCTCs, and MTCCs, with some criminal cases governed by special rules.

Shari'a District Courts: equivalent to RTC in rank; 5 Shari'a District Courts and 51 Shari'a Circuit Courts in Mindanao provinces where Muslim Personal Law is enforced.
Jurisdiction: limited; primarily family rights and contractual relations under Muslim Personal Laws; appellate jurisdiction over Shari'a Circuit Court decisions; decisions of Shari'a District Courts are final, subject to limited Supreme Court jurisdiction.
Shari'a Circuit Courts: equivalent to Municipal Circuit Courts; 5 Shari'a Circuit Courts and 51 Shari'a Circuit Courts exist.
Original jurisdiction includes offenses under Presidential Decree No. $1083$ ; civil matters among Muslims involving marriage, divorce, dowry, property, maintenance, etc.

Appointments made by the President on the basis of a list from the Judicial and Bar Council (JBC) per Art. VIII, Sec. 8.
JBC supervision: the Supreme Court supervises the JBC; JBC rules (e.g., JBC-009, Oct. $2000$ ).
JBC composition: the Chief Justice (ex-officio Chair), Secretary of Justice, representatives of Congress (ex-officio), a representative of the Integrated Bar, a law professor, a retired Supreme Court member, and a private sector representative.

For Supreme Court, Court of Appeals, and Court of Tax Appeals:
- Natural-born citizen of the Philippines; at least $40$ years old; at least $15$ years of practice as a judge of a lower court or at least $15$ years of law practice.
For Sandiganbayan:
- Natural-born citizen; at least $40$ ; at least $10$ years of practice as a judge of a court of record or at least $10$ years of law practice or at least $10$ years holding an office requiring admission to the bar.
Judges of the Regional Trial Courts:
- Natural-born citizen; at least $35$ ; at least $10$ years of law practice in the Philippines or at least $10$ years holding an office requiring admission to the bar.
Judges of the First Level Courts:
- Natural-born citizen; at least $30$ ; at least $5$ years of law practice in the Philippines or at least $5$ years holding an office requiring admission to the bar.

Vacancy opened; timeline of $90$ days.
JBC convenes; applications/recommendations filed.
Public interviews; applicants screened by the Bar Council (BC).
List of candidates published; BC votes; new Chief Justice appointed by the President from the list.

Official resources: Official Gazette and Chan Robles Virtual Law Library.
Website: Official Gazette of the Republic of the Philippines (URL: http://www.gov.ph/about/judiciary/).
Chan Robles Virtual Law Library (URLs: http://www.chanrobles.com/ and http://www.iplaw.chanrobles.com).