Judicial Branch

Learning Objectives

  • Understand the Judiciary Branch of government.

  • Appreciate the importance of the Judiciary Branch.

  • Identify the roles and people in the Judiciary Branch.

Structure of the Philippine Government

  • Three Branches:

    • Legislative (makes the law)

    • Executive (carries out the law)

    • Judicial (evaluates the law)

  • Key components:

    • President: Head of the Executive Branch.

    • Congress: Composed of the Senate and the House of Representatives (Legislative Branch).

    • Supreme Court: Highest court in the Judicial Branch, alongside other courts.

Judicial Power

  • Definition: Power to interpret and apply laws.

Judicial Power as per Article 8, Section 1

  • Responsibilities:

    • Settle actual controversies involving legally demandable and enforceable rights.

    • Determine if there is a grave abuse of discretion by any governmental branch.

Scope of Judicial Power

  1. Adjudicatory Power:

    • Settle actual rights controversies.

    • Determine grave abuse of discretion.

  2. Power of Judicial Review:

    • Evaluate validity or constitutionality of laws.

    • Interpret laws.

    • Render binding judgments.

Grave Abuse of Discretion

  • Definition: Occurs when a public official or government entity exceeds lawful authority, acts unfairly, or ignores the law.

  • Implications: Represents decisions that violate legal or ethical standards.

Structure of the Judiciary

  • Supreme Court: 1 Supreme Court and lower courts established by law.

  • Court Composition:

    • Supreme Court led by the Chief Justice.

    • Other courts include the Court of Appeals, Sandiganbayan, and various trial courts.

Types of Courts

  1. Constitutional Court: Established directly by the Constitution (e.g., Supreme Court).

  2. Statutory Court: Created by law (e.g., lower courts).

Organization of Courts

Regular Courts:

  • Court of Appeals: 69 Justices, headed by a Presiding Justice; operates in divisions.

  • Regional Trial Court: 720 Regional Judges across 13 regions.

  • Other trial courts include Metropolitan, Municipal, and Municipal Circuit Courts.

Special Courts:

  1. Sandiganbayan: 14 Justices and 1 Presiding Justice, handles graft and corruption cases.

  2. Court of Tax Appeals: 5 Justices, hears tax-related cases.

  3. Shari’a District Courts: Handle Islamic law cases.

Supreme Court Overview

  • Key Features:

    • Highest judicial authority in the country.

    • Court of last resort.

    • Guardian of the Constitution.

Composition of the Supreme Court

  • Composed of 1 Chief Justice and 14 Associate Justices.

  • Can sit en banc or in divisions of 3, 5, or 7 members.

Purpose of Divisional Sitting

  1. Efficiency in handling cases.

  2. Utilization of Justices’ specific expertise.

  3. Preservation of collegiality among Justices.

Qualifications of Justices and Judges

Supreme Court Justices:

  • Must be natural-born citizens of the Philippines.

  • At least 40 years old.

  • Over 15 years of experience as a judge or legal practitioner.

Members of the Judiciary Must Be:

  • Persons of proven competence, integrity, probity, and independence.

Powers & Jurisdiction of the Supreme Court

  1. Original Jurisdiction: Hear cases for the first time.

  2. Appellate Jurisdiction: Review decisions from lower courts.

  3. Administrative Supervision Power: Oversee all courts.

  4. Rule-Making Power: Establish rules for law application.

Original Jurisdiction of the Supreme Court

  • Hearcases involving:

    • Diplomats and public ministers.

    • Petitions for certiorari, mandamus, and habeas corpus among others.

    • Election contests relating to the President and Vice-President.

Court of Appeals Overview

  • Composed of 1 Presiding Justice and 69 Associate Justices.

  • Reviews decisions made by lower courts without holding trials.

Court of Tax Appeals Overview

  • Composed of 1 Presiding Justice and 8 Associate Justices.

  • Reviews internal revenue and customs decisions.

Sandiganbayan Overview

  • Jurisdiction over criminal and civil cases against public officials regarding graft and corruption.

  • Composed of 1 Presiding Justice and 14 Associate Justices.

Regional Trial Courts Details

  • 13 Regional Trial Courts for 13 regions.

  • Jurisdiction over serious criminal cases (penalty over 6 years).

Municipal Trial Courts Overview

  • Jurisdiction over criminal cases with a penalty of 6 years or below.

Shari’a District and Circuit Courts

  • Established in Mindanao for cases pertaining to Islamic laws.

Appointment of Judiciary Members (Article VIII, Section 9)

  • Appointed by the president from a list of nominees.

  • No confirmation necessary, appointments made within 90 days.

Writs Overview

  • Definition: Formal legal documents issued by a court directing a party to act or refrain from acting.

Types of Court-Issued Writs

  1. Writ of Certiorari

  2. Writ of Mandamus

  3. Writ of Prohibition

  4. Writ of Injunction

  5. Writ of Habeas Corpus

  6. Writ of Habeas Data

  7. Writ of Quo Warranto

  8. Writ of Amparo

  9. Writ of Kalikasan

Detailed Examination of Key Writs

Writ of Certiorari

  • Higher court reviews lower court decisions when an error is suspected.

Writ of Mandamus

  • Orders a government official to perform their duties.

Writ of Prohibition

  • Directs a lower court to stop proceeding due to jurisdiction overreach.

Writ of Injunction

  • Prevents or compels actions to prevent harm.

Writ of Habeas Corpus

  • Challenges illegal imprisonment or detention.

Writ of Habeas Data

  • Protects privacy rights against unlawful data collection.

Writ of Quo Warranto

  • Challenges authority of a person holding public office.

Writ of Amparo

  • Protects rights to life, liberty, and security.

Writ of Kalikasan

  • Used for environmental protection cases.